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SCHMID LABORATORIES v. YOUNGS DRUG PRODUCTS

Civ. A. No. 77-0560.

482 F.Supp. 14 (1979)

In re SCHMID LABORATORIES v. YOUNGS DRUG PRODUCTS CORP.

United States District Court, D. New Jersey.

June 20, 1979.

Attorney(s) appearing for the Case

Gordon D. Coplein, Darby & Darby, P. C., New York City, Howard N. Sommers, Sommers & Sommers, Hackensack, N. J., for plaintiff.

Howard C. Miskin, Miskin & Sutton, New York City, Simon Kimmelman, Smith, Stratton, Wise & Heher, Trenton, N. J., for defendant.

OPINION

CLARKSON S. FISHER, Chief Judge.

I. BACKGROUND

This is a trademark infringement case involving the competing rights of two major distributors of condoms to use the term "RIBBED" on their respective packages of prophylactics. Plaintiff, Schmid Laboratories Inc. ("Schmid"), and defendant Youngs Drug Products Corporation ("Youngs"), are both New Jersey corporations engaged in the nationwide distribution and sale of condoms. Plaintiff has a...

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