Sterling Drug, Inc. v. Bayer AG
United States Court of Appeals for the Second Circuit
14 F.3d 733 (1994)
- Written by Carolyn Strutton, JD
Facts
Bayer AG (defendant) was a German company that held the rights to the mark “Bayer” for pharmaceutical products in Germany and for the majority of the rest of the world. The rights to the mark in the United States were owned by Sterling Drug (plaintiff). Sterling sued Bayer in the United States, alleging that Bayer had infringed on its rights to the mark and had violated the agreement governing those rights. The district court held that Bayer had violated Sterling’s trademark and contract rights and enjoined Bayer from using the mark in the United States, and abroad in any way that might make its way to American consumers. Bayer appealed, arguing that the injunction’s extraterritorial application interfered with its rights under foreign laws.
Rule of Law
Issue
Holding and Reasoning (Newman, J.)
What to do next…
Here's why 804,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
