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MEAD JOHNSON & CO. v. ABBOTT LABORATORIES

No. EV 98-131-CH/H.

41 F.Supp.2d 879 (1999)

MEAD JOHNSON & COMPANY, Plaintiff, v. ABBOTT LABORATORIES, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

Order Modifying Opinion April 13, 1999.

Attorney(s) appearing for the Case

Patrick A. Shoulders, Ziemer, Stayman, Weitzel & Shoulders, Evansville, Indiana, for Plaintiff.

Thomas C. Morrison, Patterson Belknap Webb & Tyler, New York City, for Defendant.

ENTRY ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

HAMILTON, District Judge.

Introduction

Defendant Abbott Laboratories advertises its Similac line of infant formulas under the banner "1st Choice of Doctors." Abbott's chief competitor in the infant formula market is plaintiff Mead Johnson & Company. Mead Johnson contends that the "1st Choice of Doctors" claim is false and/or misleading and thus violates Section 43(a)(1) of the Lanham...

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