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McNEIL-P.P.C., INC. v. BRISTOL-MYERS SQUIBB CO.

No. 90 Civ. 5669(JMC).

755 F.Supp. 1206 (1990)

McNEIL-P.P.C., INC., Plaintiff, v. BRISTOL-MYERS SQUIBB COMPANY, INC., Defendant.

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

December 17, 1990.

Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler by Gregory L. Diskant, New York City, for plaintiff.

Skadden, Arps, Slate, Meagher & Flom by Kenneth A. Plevan, New York City, for defendant.

MEMORANDUM AND ORDER

CANNELLA, District Judge:

Plaintiff's request for injunctive relief under the Lanham Act is granted. 15 U.S.C. § 1125(a) (1988).

BACKGROUND

Defendant Bristol-Myers Squibb Company, Inc. ["Bristol-Myers"] is one of the leading sellers of over-the-counter ["OTC"] internal analgesics. For approximately thirty years, the company has been marketing Excedrin, an analgesic containing 250 milligrams ["mg."] aspirin, 250...

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