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ELI LILLY AND CO. v. REVLON, INC.

No. 83 Civ. 8504(RWS).

577 F.Supp. 477 (1983)

ELI LILLY AND COMPANY and Elizabeth Arden, Inc., Plaintiffs, v. REVLON, INC., Defendant.

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

December 8, 1983.

Attorney(s) appearing for the Case

Nims, Howes, Collison & Isner, New York City, for plaintiffs; Oliver Howes, William Hansen, New York City, of counsel.

Fish & Neave, New York City, for defendant; Herbert F. Schwartz, Rynn Berry, Vincent N. Palladino, Susan Progoff, New York City, of counsel.

SWEET, District Judge.

Plaintiffs Eli Lilly and Company ("Eli Lilly") and its subsidiary Elizabeth Arden, Inc. ("Arden") commenced this action on November 22, 1983 against defendant Revlon, Inc. ("Revlon") claiming a violation of § 43(a) of the Trademark Act of 1946, as amended, 15 U.S.C. § 1125(a), infringement of common law trademark and unfair competition. Eli Lilly and Arden now seek a preliminary injunction against the use of the notation "lip repair...

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