Bayer Asks 2nd Circ. To Revive Pesticide Trademark Case

Law360, New York (August 20, 2013, 6:03 PM EDT) -- Bayer CropScience LP on Tuesday asked the Second Circuit to overturn its loss in a trademark suit it brought against Aceto Agricultural Chemical Corp., arguing that farmers are likely to confuse its Proline-branded pesticide with Aceto’s similarly named Profine.

A lower court judge made a mistake when she threw out Bayer’s claim after ruling that confusion was unlikely, a lawyer for the company told a panel of judges at oral arguments.

“‘Proline’ and ‘Profine’ are spelled nearly identically and they sound highly similar,” said Phillip Barengolts...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.