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AMERICAN HOME PRODUCTS CORP. v. ABBOTT LABORATORIES

No. 81 Civ. 4345.

522 F.Supp. 1035 (1981)

AMERICAN HOME PRODUCTS CORPORATION, Plaintiff, v. ABBOTT LABORATORIES, Defendant.

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

September 18, 1981.

Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Irvine, Samuel Murphy, Louis Lustenberger, New York City, for plaintiff.

Patterson, Belknap, Webb & Tyler, Thomas Morrison, Christine Miller, New York City, for defendant.

OPINION AND ORDER

SOFAER, District Judge.*

Plaintiff brought this action under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1976), seeking an injunction against and damages for the publication of much of the defendant's advertising of a product known as Tronolane, which plaintiff alleges is false and misleading. Subsequently, plaintiff moved for a preliminary injunction...

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