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UPJOHN COMPANY v. SCHWARTZ

No. 288, Docket 23540.

246 F.2d 254 (1957)

The UPJOHN COMPANY, Plaintiff-Appellant-Appellee, v. David SCHWARTZ, doing business as Bryant Pharmaceutical Company, Defendant-Appellee-Appellant.

United States Court of Appeals Second Circuit.

Decided June 21, 1957.

Attorney(s) appearing for the Case

Kenyon & Kenyon, New York City (Ralph L. Chappell and Hugh A. Chapin, New York City, of counsel), for plaintiff-appellant-appellee.

Arthur D. Herrick, New York City (Morton L. Leavy, New York City, of counsel), for defendant-appellee-appellant.

Before CLARK, Chief Judge, LUMBARD, Circuit Judge, and LEIBELL, District Judge.

LEIBELL, District Judge.

The Upjohn Company, a manufacturer and distributor of pharmaceutical products, instituted this action for unfair competition and for trademark infringement against David Schwartz, doing business as Bryant Pharmaceutical Company. Jurisdiction of the District Court over the unfair competition claims was based upon diversity of citizenship, and the Federal Trademark Statute, 15 U.S. C.A. § 1121, covered the other claims.

The complaint...

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