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E.T. BROWNE DRUG CO. v. COCOCARE PRODUCTS, INC.

Nos. 06-4543, 06-4658.

538 F.3d 185 (2008)

E.T. BROWNE DRUG CO., a New Jersey corporation, Appellant/Cross-Appellee v. COCOCARE PRODUCTS, INC., a New Jersey corporation, Appellee/Cross-Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed: August 5, 2008.

Attorney(s) appearing for the Case

Arnold B. Calmann, Esquire, Saiber, Schlesinger, Satz & Goldstein, Newark, NJ, Edward M. Laine, Esquire, (Argued), David A. Prange, Esquire, Oppenheimer, Wolff & Donnelly, Minneapolis, MN, for Appellant/Cross-Appellee.

Robert Mahoney, Esquire, (Argued), Jeanne Hamburg, Esquire, Norris, McLaughlin & Marcus, Somerville, NJ, for Appellee/Cross-Appellant.

Before: SLOVITER and AMBRO, Circuit Judges, POLLAK, District Judge.

OPINION OF THE COURT

AMBRO, Circuit Judge.

This case involves a dispute between two manufacturers of personal care and beauty products that contain cocoa butter. E.T. Browne Drug Co., Inc. ("Browne") claims that it has a protected trademark interest under the Lanham Act, 15 U.S.C. § 1051 et seq., in the term "Cocoa Butter Formula,"1 which features prominently on its products. Cococare Products, Inc. ("Cococare") disputes...

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