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BARRE-NATIONAL, INC. v. BARR LABORATORIES, INC.

Civ. A. No. 91-3214.

773 F.Supp. 735 (1991)

BARRE-NATIONAL, INC., Plaintiff, v. BARR LABORATORIES, INC., Defendant.

United States District Court, D. New Jersey.

September 10, 1991.

Attorney(s) appearing for the Case

Ronald Gould, Shanley & Fisher, Morristown, N.J., and Stephen P.H. Johnson, John Donofrio, Lawrence J. Gotts, Kirkland & Ellis, New York City, for plaintiff.

John G. Gilfillan, III, Carella, Byrne, Bain & Gilfillan, Roseland, N.J., and Charles R. Brainard, Richard G. Kline, Edward T. Colbert, Kenyon & Kenyon, Washington, D.C., for defendant.

OPINION

WOLIN, District Judge.

Before the Court is plaintiff's motion for a preliminary injunction, pursuant to Federal Rule 65, to restrain defendant from distributing liquid pharmaceuticals using defendant's own trademark. In accordance with Federal Rule 52, the Court sets forth herein its findings of fact and conclusions of law. For the reasons expressed below, the Court will deny plaintiff's motion.

I. FACTUAL BACKGROUND

A. Barre...

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