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McNEILAB, INC. v. AMERICAN HOME PRODUCTS CORP.

No. 87 Civ. 3712 (WCC).

675 F.Supp. 819 (1987)

McNEILAB, INC., Plaintiff, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant.

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

As Amended December 4 and 7, 1987.

Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler, New York City, for McNeilab, Inc.; David F. Dobbins, Gregory L. Diskant, Frederick B. Campbell, Janet Cohn, of counsel.

Arnold & Porter, Washington, D.C., for American Home Products Corp.; Stuart J. Land, Steven P. Lockman, of counsel.

Morrison & Foerster, New York City, for American Home Products Corp.; Jack C. Auspitz, Kim J. Landsman, Charles F. Hagan, William P. Woods, Egon E. Berg, American Home Products Corp., of counsel.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge.

This action under § 43(a) of the Lanham Trademark Act of 1946, 15 U.S.C. § 1125(a), and the New York General Business Law, charging false claims of safety in the advertising of defendant's over-the-counter ("OTC") internal analgesic Advil, is before the Court on plaintiff's motion for preliminary injunction. For the reasons stated hereinafter, the motion is granted.

Factual and Procedural...

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