BEECH-NUT, INC. v. WARNER-LAMBERT COMPANY

No. 72 Civ. 3169.

346 F.Supp. 547 (1972)

BEECH-NUT, INC., Plaintiff, v. WARNER-LAMBERT COMPANY, Defendant.

United States District Court, S. D. New York.

August 9, 1972.


Attorney(s) appearing for the Case

Watson, Leavenworth, Kelton & Taggart, New York City, for plaintiff; Leslie D. Taggart, Harry O. Ansorge, Albert Robin, Frank J. Colucci, New York City, of counsel.

Pennie, Edmonds, Morton, Taylor & Adams, New York City, for defendant; Stanton T. Lawrence, Jr., James G. Foley, Philip T. Shannon, George F. Long, III, New York City, of counsel.


OPINION

FRANKEL, District Judge.

This struggle between corporate titans, represented by suitably eminent counsel, is concerned with cylindrical packages of confections referred to generically by both sides as "breath mints." The suit is for trademark infringement and unfair competition. Begun in state court, it came here upon defendant's removal petition. Plaintiff then brought the motion now before the court for (a) remand or, alternatively, (b) a preliminary...

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