AM. HOME PRODUCTS v. JOHNSON CHEMICAL CO.

No. 290, Docket 78-7306.

589 F.2d 103 (1978)

AMERICAN HOME PRODUCTS CORPORATION and Boyle-Midway, Inc., Plaintiffs-Appellants, v. JOHNSON CHEMICAL CO., INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 13, 1978.


Attorney(s) appearing for the Case

Morris Relson, New York City, for plaintiffs-appellants.

Howard Graff, New York City (Nemeroff, Jelline, Danzig, Graff, Mandel & Bloch, New York City, of counsel), for defendant-appellee.

Before LUMBARD, MOORE and GURFEIN, Circuit Judges.


GURFEIN, Circuit Judge.

Plaintiff-appellant Boyle-Midway, Inc. ("Boyle") is a wholly-owned subsidiary of plaintiff-appellant American Home Products Corporation. Boyle manufactures and markets a line of insecticide products popularly known as "Black Flag." Defendant-appellee, Johnson Chemical Co., Inc. ("Johnson") has been selling a line of insecticides marketed under the registered trademark "King Spray" since 1963.

As part of its Black Flag insecticide line...

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