2nd Circ. Won't Revive Bayer Pesticide Trademark Case

Law360, Los Angeles (August 23, 2013, 3:31 PM EDT) -- The Second Circuit on Friday refused to overturn Bayer CropScience LP's loss in a trademark suit brought by Aceto Agricultural Chemical Corp., rejecting the former company's argument that farmers may confuse its Proline pesticide with Aceto's similarly named Profine 75.

In a summary order, a three-judge panel upheld U.S. District Judge Alison J. Nathan's finding that the name of Aceto's Profine 75 herbicide does not infringe Bayer's trademarked Proline fungicide, pointing out Judge Nathan's conclusion that the two marks have coexisted in the pesticide market for more than three years without...
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