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AMERICAN CYANAMID v. CONNAUGHT LABORATORIES, INC.

No. 1581, Docket 86-7447.

800 F.2d 306 (1986)

AMERICAN CYANAMID CORPORATION, Plaintiff-Appellee, v. CONNAUGHT LABORATORIES, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 5, 1986.

Attorney(s) appearing for the Case

Cynthia Clarke Dale, Washington, D.C., (Sughrue, Mion, Zinn, MacPeak & Seas, Washington, D.C., Ludwig Saskor, Smith, Steibel, Alexander & Saskor, New York City, of counsel), for defendant-appellant.

Marie V. Driscoll, New York City (Townley & Updike, New York City, Stanley J. Silverberg, American Cyanamid Co., Wayne, N.J., of counsel), for plaintiff-appellee.

Before WINTER and MAHONEY, Circuit Judges, and CABRANES, District Judge.

WINTER, Circuit Judge:

Connaught Laboratories, Inc. ("Connaught") appeals from Judge Owen's preliminary injunction enjoining the use of the trademark HibVAX for Connaught's Haemophilus influenzae type b vaccine and requiring the recall of any of the HibVAX vaccine already shipped. The district judge found that American Cyanamid Corporation, the manufacturer of an identical vaccine bearing the trademark HIB-IMUNE, was likely...

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