Plaintiff-appellant Peter S. Bernard appeals from a summary judgment entered on September 30, 1991 in the United States District Court for the Eastern District of New York (Wexler, J.) in favor of defendants-appellees Commerce Drug, Inc. ("Commerce") and parent-company Del Laboratories, Inc. In bringing this action to secure damages and injunctive relief, Bernard alleged, inter alia, that defendants' 1339*1339 "ArthriCare" trademark infringed his "Arthriticare" mark in violation of the Lanham Act, 15 U.S.C. § 1125(a). The district court granted defendants' motion for summary judgment and dismissed plaintiff's infringement claim, holding that Arthriticare is a descriptive trademark, that the mark had not acquired secondary meaning, and that the mark therefore was not entitled to trademark protection. Bernard v. Commerce Drug Co., 774 F.Supp. 103, 107-08 (E.D.N.Y.1991). For the reasons that follow, we now affirm.
Miner '56, Roger J., "Bernard v. Commerce Drug Co., 964 F. 2d 1338 - Court of Appeals, 2nd Circuit 1992" (1992). Circuit Court Opinions. 370.