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NORWICH PHARMACAL COMPANY v. STERLING DRUG, INC.

No. 290, Docket 25488.

271 F.2d 569 (1959)

NORWICH PHARMACAL COMPANY, Plaintiff-Appellee, v. STERLING DRUG, INC., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 9, 1959.

Attorney(s) appearing for the Case

Lewis C. Ryan, Syracuse, N. Y. (Hancock, Dorr, Ryan & Shove, Philip T. Seymour, Syracuse, N. Y., Paul R. Dohl, Norwich, N. Y., George A. Elber, New York City, Charles W. Shorter, Syracuse, N. Y., on the brief), for plaintiff-appellee.

John T. Cahill, New York City (Cahill, Gordon, Reindel & Ohl, New York City, Kernan & Kernan, Utica, N. Y., James A. Fowler, Jr., David Rasch, New York City, James S. Kernan, Jr., Utica, N. Y., Raymond L. Falls, Jr., New York City, on the brief), for defendant-appellant.

Before SWAN, HINCKS and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Plaintiff, a New York corporation, and defendant, a Delaware corporation, both engage in the manufacture of drugs and pharmaceutical products. For several years, plaintiff has marketed a pink liquid preparation, "Pepto-Bismol," designed to remedy minor stomach disorders. With the aid of extensive advertising, the sales of Pepto-Bismol have steadily increased; by 1955 plaintiff's product was nationally recognized and was undoubtedly the leader...

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