JOHNSON & JOHNSON v. CARTER-WALLACE, INC.

No. 1253, Docket 80-7318.

631 F.2d 186 (1980)

JOHNSON & JOHNSON, Plaintiff-Appellant, v. CARTER-WALLACE, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 25, 1980.


Attorney(s) appearing for the Case

Thomas C. Morrison, New York City (David F. Dobbins, Christine H. Miller, Frederick J. Baumann, Roger S. Fine, Patterson, Belknap, Webb & Tyler, New York City, of counsel), for plaintiff-appellant.

Stephen R. Lang, New York City (Paul J. Weiner, Robert S. Getman, Breed, Abbott & Morgan, New York City, of counsel), for defendant-appellee.

Before LUMBARD and MANSFIELD, Circuit Judges.


MANSFIELD, Circuit Judge:

Johnson & Johnson ("Johnson"), manufacturer of Johnson's Baby Oil and Johnson's Baby Lotion, appeals from a judgment of the United States District Court for the Southern District of New York, entered by Judge Constance Baker Motley, dismissing at the end of the plaintiff's case during a non-jury trial its suit for injunctive relief brought under § 43(a) of the Lanham Act,1

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