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ORTHO PHARMACEUTICAL CORP. v. AMERICAN CYANAMID CO.

Civ. No. 148-73.

361 F.Supp. 1032 (1973)

ORTHO PHARMACEUTICAL CORPORATION, a New Jersey corporation, Plaintiff, v. AMERICAN CYANAMID COMPANY, a Maine corporation, Defendant.

United States District Court, D. New Jersey.

July 30, 1973.

Attorney(s) appearing for the Case

Riker, Danzig, Scherer & Brown by Dickinson R. Debevoise and Frank J. Miele, Newark, N. J., for plaintiff; Norman St. Landau, New Brunswick, N. J., of counsel.

Robinson, Wayne & Greenberg by Donald A. Robinson, Ronald J. Riccio, Newark, N. J., Peter J. White, Jr., and John M. Mackey, Wayne, N. J., of counsel (New York Bar), for defendant.

OPINION

GARTH, District Judge:

This is an action arising under the Lanham Trade-mark Act of July 5, 1946, 60 Stat. 427, 15 U.S.C. §§ 1051-1127, for infringement of trademarks registered in the United States Patent Office and for unfair competition. Jurisdiction rests with this Court by virtue of 28 U. S.C. § 1338(a) and (b).

Ortho Pharmaceutical Corporation (hereinafter "Ortho") filed a complaint on February 2, 1973 against American...

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