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JOHNSON & JOHNSON VISION CARE v. CIBA VISION

No. 04CIV7369(LTS)(HBP).

348 F.Supp.2d 165 (2004)

JOHNSON & JOHNSON VISION CARE, INC., Plaintiff, v. CIBA VISION CORPORATION, Defendant.

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

December 10, 2004.

Attorney(s) appearing for the Case

Kramer Levin Naftalis & Frankel LLP, By: Harold P. Weinberger, Jonathan M. Wagner, Norman C. Simon, Jeremy A. Cohen, New York, NY, for Plaintiff.

McDermott Will & Emery LLP, By: Charles W. Work, Kenneth L. Cage, Thomas P. Steindler, Robert W. Zelnick, Evan A. Parke, Raphael V. Lupo, Washington, DC and By: Chryssa V. Valletta, New York, New York, NY, for Defendant.

OPINION AND ORDER

SWAIN, District Judge.

Plaintiff Johnson & Johnson Vision Care, Inc. ("Plaintiff or "JJVC") has brought the instant false advertising action pursuant to Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), Sections 349 and 350 of the New York General Business Law, and the common law of unfair competition, to challenge promotional materials disseminated by Defendant CIBA Vision Corporation ("Defendant" or "CIBA") in connection...

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