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STERLING DRUG INC. v. LINCOLN LABORATORIES, INC.

No. 13893.

322 F.2d 968 (1963)

STERLING DRUG INC., George A. Breon & Company and Breon Laboratories, Inc., Plaintiffs-Appellants, v. LINCOLN LABORATORIES, INC., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

September 30, 1963.

Attorney(s) appearing for the Case

Mercer L. Stockell, New York City, James M. Winning, Springfield, Ill., W. Hubert Plummer, New York City, James F. Hoge, Lenore B. Stoughton, New York City, of counsel, for appellants.

Carl R. Miller, Decatur, Ill., John D. Dewey, Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, and CASTLE and SWYGERT, Circuit Judges.

CASTLE, Circuit Judge.

Plaintiffs-appellants, Sterling Drug Inc., George A. Breon & Company, and Breon Laboratories, Inc., brought this action in the District Court against Lincoln Laboratories, Inc., defendant-appellee, charging trademark infringement and unfair competition based on defendant's use of the word DYPRIN as a trademark identifying its medicinal product for prevention of diaper rash. Plaintiff Sterling is the owner of the registered trademark DIAPARENE...

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