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H. A. METZ LABORATORIES v. AMERICAN P. CO.

18 F.Supp. 598 (1936)

H. A. METZ LABORATORIES, Inc., v. AMERICAN PHARMACEUTICAL CO., Inc.

District Court, S. D. New York.

November 20, 1936.

Attorney(s) appearing for the Case

Rogers, Ramsay & Hoge, of New York City (Edward S. Rogers, of New York City, of counsel), for plaintiff.

Schwartz & Frohlich, of New York City (Louis D. Frohlich, Herman Finkelstein, and Arnold Bernstein, all of New York City, of counsel), for defendant.

PATTERSON, District Judge.

The plaintiff in 1934 brought suit for unfair competition, with jurisdiction resting on diversity of citizenship.

At the trial it was shown that the plaintiff manufactures the drug amidopyrine, a remedy for headaches and other ailments, and sells it under the trade-mark "Pyramidon." Pyramidon is the plaintiff's brand of amidopyrine. The drug is made in tablet form and is packed in tubes, bottles, and cartons bearing a pink label...

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