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PLAYTEX PRODUCTS, INC. v. GERBER PRODUCTS CO.

No. 97 Civ. 5883(RO).

981 F.Supp. 827 (1997)

PLAYTEX PRODUCTS, INC., Plaintiff, v. GERBER PRODUCTS COMPANY, Defendant.

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

October 29, 1997.

Attorney(s) appearing for the Case

Ableman, Frayne & Schwab, New York City, for Plaintiff; (Jeffrey A. Schwab, Nancy J. Mertzel, of counsel), and Paul A. Yestrumskas, Playtex Products, Inc., for Plaintiff.

Rogers & Wells, New York City, for Defendant; (George P. Hoare, Jr., of counsel), and Dickinson, Wright, Moon, Van Dusen & Freeman, Washington, DC, for Defendant; (Samuel D. Littlepage, of counsel), and Ross A. Robinson, Gerber Products Co., for Defendant.

OPINION AND ORDER

OWEN, District Judge.

In 1995, plaintiff Playtex introduced a "spill proof", sip controlled drinking cup for little-ones. When a child applies suction to the cup's spout by taking a sip, a valve in the spout opens to dispense liquid. Absent suction it remains closed and if the cup is held upside down, at most only a small number of drops may come out. Obvious beneficiaries of the spill-proof cup are the nation's carpets and automobile...

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