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ORTHO PHARMACEUTICAL CORP. v. COSPROPHAR, INC.

No. 1137, Docket 93-7936.

32 F.3d 690 (1994)

ORTHO PHARMACEUTICAL CORPORATION, Plaintiff-Appellant, v. COSPROPHAR, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 12, 1994.

Attorney(s) appearing for the Case

Thomas C. Morrison, New York City (Andrew D. Schau, Patterson, Belknap, Webb & Tyler, Madonna M. Malin, Johnson & Johnson, of counsel), for plaintiff-appellant.

Stuart A. Smith, New York City (I. Scott Bass, Piper & Marbury, Alfred Ferrer III, Diane C. McEnroe, of counsel), for defendant-appellee.

Before: MAHONEY, WALKER, and SPROUSE, Circuit Judges.

WALKER, Circuit Judge:

This appeal arises from a suit brought by Ortho Pharmaceutical Corporation ("Ortho"), the manufacturer of two products effective for treating skin aged by exposure to the sun, seeking to enjoin Cosprophar, Inc. ("Cosprophar") from advertising that its cosmetics have an "anti-aging effect" or are otherwise effective at diminishing wrinkles and other signs of sun damage. Ortho appeals from a judgment of...

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