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P. DAUSSA CORP. v. SUTTON COSMETICS (P.R.) INC.

No. 905, Docket 72-1532.

462 F.2d 134 (1972)

P. DAUSSA CORP. and Sutton Cosmetics, Inc., Appellees, v. SUTTON COSMETICS (P.R.) INC. et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided June 20, 1972.

Attorney(s) appearing for the Case

Armand E. Lackenbach, New York City (Lackenbach & Lackenbach and Elliot A. Lackenbach, New York City, on brief), for appellees.

Morton Amster, New York City (Amster & Rothstein and Alfred B. Engelberg, New York City, on brief), for appellants.

Before FRIENDLY, Chief Judge, and LUMBARD and MULLIGAN, Circuit Judges.

LUMBARD, Circuit Judge:

Sutton Cosmetics (P.R.) Inc. [hereinafter Sutton] appeals from Judge Motley's denial of a preliminary injunction which Sutton had requested to keep P. Daussa Corp. [hereinafter Daussa] from selling Daussa's "Sutton" products in competition with Sutton's "Sutton" products. We reverse.

Until June of 1970, "Sutton" was a registered trademark held by the Schering Corporation and used by it to market "Sutton" toiletry products. In June,...

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