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REXALL SUNDOWN, INC. v. PERRIGO CO.

No. 07-CV-3397 (JFB)(ARL).

707 F.Supp.2d 357 (2010)

REXALL SUNDOWN, INC., Plaintiff, v. PERRIGO CO., Defendant.

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

April 12, 2010.

Attorney(s) appearing for the Case

Bruce R. Ewing, Sandra Edelman, and Morgan Hilpert of Dorsey & Whitney, LLP, New York, NY.

Paul Garrity and Robert S. Friedman of Sheppard Mullin Richter & Hampton LLP, New York, NY, Michael Lynch and August Horvath of Kelley Drye & Warren, LLP, New York, NY.

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge:

Plaintiff Rexall Sundown, Inc. ("Rexall" or "plaintiff") brought this false advertising action against Perrigo Company ("Perrigo" or "defendant"), claiming violations of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and state law. Perrigo also brought false advertising counterclaims against Rexall under the Lanham Act and state law.

Both parties sell glucosamine chondroitin nutritional...

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