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STERLING DRUG, INC. v. BAYER AG

Nos. 797, 1045, Dockets 92-7920, 92-7970.

14 F.3d 733 (1994)

STERLING DRUG, INCORPORATED, Plaintiff-Appellee-Cross-Appellant, v. BAYER AG, Bayer USA Incorporated, and Miles, Incorporated, Defendants-Appellants-Cross-Appellees, Mobay Corporation, Defendant.

United States Court of Appeals, Second Circuit.

Decided January 7, 1994.

Attorney(s) appearing for the Case

David Boies, New York City (Francis P. Barron, Robert H. Baron, Cravath, Swaine & Moore, New York City, and Willian, Brinks, Olds, Hofer, Gilson & Lione, Chicago, IL, on the brief), for defendants-appellants-cross-appellees.

Lewis A. Kaplan, New York City (Daniel J. Leffell, Beth R. Lobel, Paul, Weiss, Rifkind, Wharton & Garrison, and Louis Kunin, von Maltitz, Derenberg, Kunin, Janssen & Giordano, on the brief), for plaintiff-appellee-cross-appellant.

Hughes Hubbard & Reed, Abraham D. Sofaer, John M. Townsend, Alan G. Kashdan, Wash., D.C., filed a brief for amicus curiae Federal Republic of Germany.

Before: NEWMAN, Chief Judge, MINER, Circuit Judge, and CONNER, District Judge.

JON O. NEWMAN, Chief Judge:

This appeal primarily concerns the permissible scope of an injunction issued to protect American trademark rights against infringement by a foreign corporation. The context of the dispute is the name and mark "Bayer" in which both an American corporation, Sterling Drug Inc. ("Sterling"), and a German corporation, Bayer AG, hold rights. The appeal is brought by Bayer AG, Bayer U.S.A. Inc., and Miles, Inc. from the July 22, 1992, judgment...

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