SUTTON COSMETICS (P. R.) v. LANDER CO.

No. 208, Docket 71-1722.

455 F.2d 285 (1972)

SUTTON COSMETICS (P. R.) Inc. et al., Appellees, v. LANDER CO., Inc., Scott Chemical Co., Inc., Appellants.

United States Court of Appeals, Second Circuit.

Decided January 25, 1972.


Attorney(s) appearing for the Case

Morton Amster, New York City, N. Y. (Alfred B. Engelberg and Amster & Rothstein, New York City, on the brief), for appellees.

Arthur H. Seidel, Philadelphia, Pa. (Allen L. Greenberg, McKeesport, Pa., and Seidel, Gonda & Goldhammer, Philadelphia, Pa., on the brief), for appellants.

Before LUMBARD, HAYS and OAKES, Circuit Judges.


LUMBARD, Circuit Judge:

Appellants Lander Co., Inc., a Delaware corporation, and Scott Chemical Co., Inc., a New York corporation, [hereinafter Lander] were preliminarily enjoined by the district court for the Southern District from using the surname "Sutton" as a trademark in the sale of cosmetics and toiletries and from selling any Sutton products which Lander had produced and held in inventory.

Judge Metzner held...

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