THOMPSON MEDICAL CO., INC. v. PFIZER INC.

No. 441, Docket 84-7761.

753 F.2d 208 (1985)

THOMPSON MEDICAL COMPANY, INC., Plaintiff-Appellee, v. PFIZER INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 11, 1985.


Attorney(s) appearing for the Case

Thomas C. Morrison, New York City (Eugene Gelernter, Patterson, Belknap, Webb & Tyler, Stanley M. Grossmann, New York City, Pfizer Inc., of counsel), for defendant-appellant.

Patricia Hatry, New York City (Howard Peck, Jeffrey Katz, Davis & Gilbert, New York City, of counsel), for plaintiff-appellee.

Before IRVING R. KAUFMAN, TIMBERS and NEWMAN, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

Although the aches and pains derived from physical activity have always been part of our American heritage, only recently have they become fashionable and profitable.

In the spring of 1982, Thompson Medical Company ("Thompson") introduced "Sportscreme," a topical analgesic designed to relieve the muscle soreness associated with sports activities. Two years later, in the spring of 1984, Pfizer Inc. ("Pfizer") introduced a similar...

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