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WARNER LAMBERT CO. v. McCRORY'S CORP.

Civ. A. No. 89-2437.

718 F.Supp. 389 (1989)

WARNER LAMBERT COMPANY, Plaintiff, v. McCRORY'S CORP., etc., Defendant.

United States District Court, D. New Jersey.

As Amended August 17, 1989.

Attorney(s) appearing for the Case

Keith A. Kraus, Liza M. Walsh, Connell, Foley & Geiser, Roseland, N.J. for plaintiff.

Marc Phillip Bodner, Martin P. Michael, Deborah J. Stavile, Kyle-Beth Basson, Rubin, Baum, Levin, Constant & Friedman, New York City, and Allyn Lite, Goldstein, Till, Lite & Reiken, Newark, N.J., for defendant.

OPINION

WOLIN, District Judge.

Plaintiff Warner-Lambert Company ("Warner-Lambert") brings the instant motion for a preliminary injunction against defendant McCrory Corporation's ("McCrory") sale of an unflavored medicinal mouthwash product in a trade dress that allegedly infringes upon the trade dress of plaintiff's product Listerine Antiseptic ("Listerine") in violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) and N.J. S.A. 56:4-1. For...

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