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PENNWALT CORP. v. BECTON, DICKINSON & CO.

Civ. No. 77-0399.

434 F.Supp. 758 (1977)

PENNWALT CORPORATION, Plaintiff, v. BECTON, DICKINSON & COMPANY, Defendant.

United States District Court, D. New Jersey.

April 22, 1977.

Attorney(s) appearing for the Case

Robinson, Wayne & Greenberg by Donald A. Robinson, Newark N. J., for plaintiff; Miller & Prestia by Robert Danehower, and Austin Miller, Philadelphia, Pa., of counsel.

Stryker, Tams & Dill, Newark, N. J., for defendant, by Burtis W. Horner, Newark, N. J., Kane, Dalsimer, Kane, Sullivan & Kurucz by David S. Kane, Davis H. Kane, Siegrun D. Kane, and John Boyle, New York City, of counsel.

BIUNNO, District Judge.

This is a trademark infringement and unfair competition case. Jurisdiction is grounded both on diversity of citizenship, 28 U.S.Code § 1332 and on the Lanham Act, 15 U.S.Code § 1051 et seq. This calls for consideration of both similarity of the marks used and of the other features such as trade dress.1

In any event, no differences between federal and state law applicable to the issues appear to...

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