WISE v. BRISTOL-MYERS CO.


107 F.Supp. 800 (1952)

WISE v. BRISTOL-MYERS CO.

United States District Court S. D. New York.

July 22, 1952.


Attorney(s) appearing for the Case

Schaines & Liberman, William R. Liberman, New York City, for plaintiff.

Fish, Richardson & Neave, H. C. Dieserud, William E. Moss III, and Rynn Berry, New York City, for defendant.


BONDY, District Judge.

This is a suit for trade-mark infringement and unfair competition. The parties are citizens of different states.

Plaintiff claims that his registered trade-mark "BUpH 3.5" and his common-law rights to the exclusive use of the word "Buff" are infringed by defendant's use of the word "Bufferin" as the name of defendant's product. Plaintiff's product is an antacid tablet for control of gastric acidity and it consists of a mixture of citrated...

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