UPJOHN CO. v. AMERICAN HOME PRODUCTS CORP.

No. 84 Civ. 4711 (JFK).

598 F.Supp. 550 (1984)

The UPJOHN COMPANY, Plaintiff, v. AMERICAN HOME PRODUCTS CORPORATION, and Young & Rubicam, Inc., Defendants.

United States District Court, S.D. New York.

November 7, 1984.


Attorney(s) appearing for the Case

Helene D. Jaffe, Robert F. Brodegaard, of Weil, Gotshal & Manges, New York City, for plaintiff The Upjohn Co.

Steven P. Lockman, Lawrence Stein, of Arnold & Porter, Washington, D.C., Jack C. Auspitz, of Parker, Auspitz, Neeseman & Delehanty, P.C., New York City, for defendant American Home Products Corp.

Jay E. Gerber, of Davis, Markel, Dwyer & Edwards, New York City, for defendant Young & Rubicam.


OPINION

KEENAN, District Judge:

FACTS

Plaintiff, The Upjohn Company ("Upjohn"), moves for a preliminary injunction precluding defendants, American Home Products Corporation ("AHP") and Young & Rubicam, Inc. ("Y & R"), from the continued dissemination of advertising and promotional materials which Upjohn contends make false and misleading claims about AHP's new over-the-counter ("OTC") drug, Advil, the main ingredient of which is ibuprofen...

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