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STERLING DRUG INC. v. BAYER AG

No. 90 Civ. 3460 (RJW).

792 F.Supp. 1357 (1992)

STERLING DRUG INC., Plaintiff, v. BAYER AG, Bayer USA Inc., Mobay Corporation and Miles Inc., Defendants.

United States District Court, S.D. New York.

May 15, 1992.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Lewis A. Kaplan, Daniel J. Leffell, Beth R. Lobel, David L. Goldberg, of counsel), Von Maltitz, Derenberg, Kunin, Janssen & Giordano, New York City, for plaintiff.

Cravath, Swaine & Moore, New York City (Francis P. Barron, Robert H. Baron, of counsel), Connolloy, Bove, Lodge & Hutz, Wilmington, Del. (John D. Fairchild, of counsel), Willian, Brinks, Olds, Hofer, Gilson & Lione, Chicago, Ill. (Jerome Gilson, of counsel), for defendants.

ROBERT J. WARD, District Judge.

In this action, plaintiff Sterling Drug Inc. ("Sterling") alleges that defendant Bayer AG ("AG") and its subsidiaries have made use of the trademark and trade name "Bayer" and the name "Bayer USA Inc." in a manner that violates Sterling's rights under two contracts between Sterling and AG, the Trademark Act of 1946, 15 U.S.C. § 1051 et seq. (the "Lanham Act"), the law of unfair competition and the New York Anti-Dilution...

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