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KROGER CO. v. JOHNSON & JOHNSON

No. C-1-81-708.

570 F.Supp. 1055 (1983)

The KROGER COMPANY, SuperX Drug Corp., Malone and Hyde, Inc. and Bell Pharmacal Corp., Plaintiffs, v. JOHNSON & JOHNSON and McNeilab, Inc., Defendants.

United States District Court, S.D. Ohio, W.D.

August 18, 1983.

Attorney(s) appearing for the Case

L. Clifford Craig, Cincinnati, Ohio, for plaintiffs.

Donald J. Mooney, Jr., Cincinnati, Ohio, for defendants.

FINDINGS OF FACT, OPINION AND CONCLUSIONS OF LAW

CARL B. RUBIN, Chief Judge.

This matter was tried to the Court on July 11-14, 1983 at which time testimony and evidence were presented. Plaintiffs seek a Declaratory Judgment that their respective products do not infringe upon any rights of defendants or compete unfairly with the Tylenol name and trade dress. In their Counterclaim, defendants seek injunctive relief...

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