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SYNTEX LABORATORIES, INC. v. NORWICH PHARMACAL CO.

No. 481, Docket 35398.

437 F.2d 566 (1971)

SYNTEX LABORATORIES, INC., Plaintiff-Appellee, v. The NORWICH PHARMACAL COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 2, 1971.

Attorney(s) appearing for the Case

Alfred T. Lee, New York City (Weil, Lee & Bergin, New York City, on the brief), for appellee.

Bradford S. Allen, Norwich, N. Y., for appellant.

Before LUMBARD, Chief Judge, and SMITH and FEINBERG, Circuit Judges.

LUMBARD, Chief Judge:

In this trademark infringement action under the Federal Trademark Act of 1946 (Lanham Act), Syntex Laboratories, Inc., the owner of the registered mark "Vagitrol" for a vaginal cream product, brought suit in the Southern District of New York to prevent Norwich Pharmacal Company from using its unregistered mark "Vagestrol" on a vaginal suppository product. By order dated July 17, 1970, Judge Mansfield granted Syntex's motion for a preliminary...

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