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McNEILAB, INC. v. BRISTOL-MYERS CO.

No. 86-4163.

656 F.Supp. 88 (1986)

McNEILAB, INC. v. BRISTOL-MYERS COMPANY.

United States District Court, E.D. Pennsylvania.

As Amended September 12, 1986.

Attorney(s) appearing for the Case

M. Kelly Tillery, Leonard, Tillery & Davison, Philadelphia, Pa., for McNeilab, Inc.

Kenneth A. Plevan, Skadden, Arps, Slate, Meagher & Flom, New York City, for Bristol-Myers Co.

MEMORANDUM

CLIFFORD SCOTT GREEN, District Judge.

The complaint filed herein alleges that plaintiff has been and continues to be injured by a false and deceptive advertisement authorized by defendant in marketing its over-the-counter drug Nuprin. Plaintiff contends that defendant's advertisement violates Section 43(a) of the Trademark Act of 1946, 15 U.S.C. § 1125(a) (1982) ("the Lanham Act"), and common law...

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