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GROVE LABORATORIES v. APPROVED PHARMACEUTICAL CORP.

Civ. No. 4951.

149 F.Supp. 86 (1957)

GROVE LABORATORIES, Inc., a Corporation doing business as Beaumont Laboratories, Plaintiff, v. APPROVED PHARMACEUTICAL CORPORATION, a Corporation, Defendant.

United States District Court N. D. New York.

January 2, 1957.

Attorney(s) appearing for the Case

Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Gustave Blaustein, Syracuse, N. Y., of counsel, Woodson, Pattishall & Garner, Chicago, Ill., Lewis S. Garner, Jeremiah D. McAuliffe, Chicago, Ill., of counsel for plaintiff.

Sidney H. Greenberg, Syracuse, N. Y., for defendant.

BRENNAN, Chief Judge.

The complaint in this action, as supplemented, alleges two separate claims for relief. (1) A claim based upon the alleged infringement of plaintiff's registered trademark. (2) A claim for relief based upon unfair competition in the use by the defendant of an alleged infringing mark. Jurisdiction of the court appears to be based both on diversity of citizenship and under the provisions of the Lanham Act, 15 U.S.C.A. §§ 1051-1127.

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