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...
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