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INVERNESS CORP. v. WHITEHALL LABORATORIES

No. 87 Civ. 1113 (KTD).

710 F.Supp. 473 (1989)

INVERNESS CORPORATION, Plaintiff, v. WHITEHALL LABORATORIES and American Home Products Corporation, Defendants.

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

February 6, 1989.

Attorney(s) appearing for the Case

Blum Kaplan, New York City (Steven B. Pokotilow, Robert S. Weisbein and Laura E. Goldbard, of counsel), for plaintiff.

Townley & Updike, New York City (Marie V. Driscoll, of counsel), and Darby & Darby, New York City (Egon E. Berg, of counsel), for defendants.

OPINION

KEVIN THOMAS DUFFY, District Judge:

Defendants Whitehall Laboratories and American Home Products Corporation (collectively "Whitehall") bring, by Order to Show Cause, a Motion for Declaratory Judgment that the redesigned NEET roll-on depilatory packaging does not violate the permanent injunction entered against Whitehall by this Court on October 4, 1988. By the terms of the injunction, Whitehall is enjoined from selling its NEET roll-on depilatory...

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