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VITEK SYSTEMS, INC. v. ABBOTT LABORATORIES, INC.

No. 80-0103C(B).

520 F.Supp. 629 (1981)

VITEK SYSTEMS, INC., Plaintiff, v. ABBOTT LABORATORIES, INC., Defendant.

United States District Court, E. D. Missouri, E. D.

July 23, 1981.

Attorney(s) appearing for the Case

Lionel L. Lucchesi, St. Louis, Mo., Harvey A. Gilbert, Hazelwood, Mo., for plaintiff.

Thomas E. Wack, John H. Quinn, III, St. Louis, Mo., for defendant.

MEMORANDUM AND ORDER

REGAN, District Judge.

In this action Abbott Laboratories (Abbott) is charged with federal and state trademark infringement and unfair competition by Vitek Systems, Inc. (Vitek), a wholly owned subsidiary of McDonnell Douglas Corporation (McDonnell). The issue is whether Abbott's use of its MS-2 mark either alone or in conjunction with its established corporate logo infringes upon Vitek's AMS mark or results in unfair competition.

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