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UPJOHN COMPANY v. SCHWARTZ

131 F.Supp. 649 (1954)

The UPJOHN COMPANY, Plaintiff, v. David SCHWARTZ, doing business as Bryant Pharmaceutical Co., Defendant.

United States District Court S. D. New York.

December 22, 1954.

Attorney(s) appearing for the Case

Kenyon & Kenyon, New York City, by Ralph L. Chappell, and Hugh A. Chapin, New York City, for plaintiff.

Arthur D. Herrick, New York City, by Morton L. Leavy, New York City, for defendant.

BONDY, District Judge.

Plaintiff, a Michigan corporation, engaged in the preparation, distribution and sale of pharmaceutical products, brought this action against defendant, a citizen of the State of New York, doing business as the Bryant Pharmaceutical Company, likewise engaged in the preparation, distribution and sale of pharmaceutical products, for trade-mark infringement and unfair competition.

In its complaint plaintiff alleged two causes of action as...

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