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G. D. SEARLE & COMPANY v. MDX PURITY PHARMACIES, INC.

No. 66-2087.

275 F.Supp. 524 (1967)

G. D. SEARLE & COMPANY, a corporation, Plaintiff, v. MDX PURITY PHARMACIES, INC., a corporation, and Daylin Medical and Surgical Supply, Inc., a corporation, doing business as Daylin Products, Defendants.

United States District Court C. D. California.

August 1, 1967.

Attorney(s) appearing for the Case

Sidley & Austin, Chicago, Ill., and McCutchen, Black, Verleger & Shea, by Philip K. Verleger and Jerome A. Hoffman, Los Angeles, Cal., for plaintiff.

Stanley Fleishman, by Harold Rosenberg, Hollywood, Cal., for defendants.

MEMORANDUM OPINION FOR USE IN PREPARATION OF PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT.

CRARY, District Judge.

Plaintiff, an Illinois corporation, since about 1934, has been and now is the manufacturer and marketer of a bulk laxative under the registered trademark of METAMUCIL. The trademark was registered on October 2, 1934. The product is a non-prescription ethical drug containing a derivative of psyllium seed and dextrose.

Defendant...

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