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SANDOZ PHARMACEUTICALS v. RICHARDSON-VICKS, INC.

Civ. A. No. 89-422-JJF.

735 F.Supp. 597 (1989)

SANDOZ PHARMACEUTICALS CORP., Plaintiff, v. RICHARDSON-VICKS, INC., Defendant.

United States District Court, D. Delaware.

September 22, 1989.

Attorney(s) appearing for the Case

John W. Nields, Jr. (argued), and Kathleen H. McGuan, of Howrey & Simon, Washington, D.C., Thomas Herlihy, III, of Herlihy Harker & Kavanaugh, Wilmington, Del., for plaintiff.

Harold P. Weinberger (argued), Jonathan M. Wagner, and Samuel Friedman, of Kramer Levin Nessen Kamin & Frankel, New York City, Jack B. Blumenfeld, of Morris Nichols Arsht & Tunnell, Wilmington, Del., for defendant.

MEMORANDUM OPINION

FARNAN, District Judge.

Plaintiff, Sandoz Pharmaceuticals Corporation ("Sandoz") and Defendant, Richardson-Vicks ("Vicks") are competitors in the children's cough medicine market. Sandoz brought this action against Vicks for unfair advertising in violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). This opinion addresses the motion for a preliminary injunction which Sandoz filed simultaneously with its complaint on August...

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