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WONDER LABS, INC. v. PROCTER & GAMBLE CO.

No. 88 Civ. 2557 (GLG).

728 F.Supp. 1058 (1990)

WONDER LABS, INC., Plaintiff, v. PROCTER & GAMBLE COMPANY, Defendant.

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

January 17, 1990.

Attorney(s) appearing for the Case

Lilling & Greenspan, White Plains, N.Y. (Burton L. Lilling, Bruce E. Lilling, Talay Hafiz, of counsel), for plaintiff.

Robin, Blecker, Daley & Driscoll, New York City (Marie V. Driscoll, Jon A. Lewis, of counsel), Dinsmore & Shohl, Cincinnati, Ohio (Thomas S. Calder, John J. Cummins, of counsel), for defendant.

GOETTEL, District Judge:

I. FACTS

The plaintiff in this action, Wonder Labs, Inc., is a New York corporation that from approximately 1970 through 1987 manufactured, sold and distributed a toothbrush called "Dentist's Choice."1 On November 14, 1972, Wonder Labs obtained a registration for the trademark "DENTISTS CHOICE" for use on toothbrushes.2 Since approximately July 1986, the defendant, Procter...

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