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AMERICAN HOME PRODUCTS CORP. v. BARR LABORATORIES

Civ. A. No. 86-1275.

656 F.Supp. 1058 (1987)

AMERICAN HOME PRODUCTS CORP., Plaintiff, v. BARR LABORATORIES, INC., and L. Perrigo Company, Defendants.

United States District Court, D. New Jersey.

March 23, 1987.

Attorney(s) appearing for the Case

William J. Fiore, Meyner & Landis, Newark, N.J., Marie V. Driscoll, Townley & Updike, Egon E. Berg, American Home Products Corp., New York City, for plaintiff.

John G. Gilfillan, Carella, Byrne, Bain & Gilfillan, Roseland, N.J., for defendant Barr Laboratories Inc.

Joel H. Sterns, Sterns, Herbert & Weinroth, Trenton, N.J., Barry J. Brett, Parker Chapin Flattau & Klimpl, New York City, for defendant L. Perrigo Co.

HAROLD A. ACKERMAN, District Judge.

This is a civil action in which plaintiff alleges that defendants have violated federal and state trademark laws. Specifically, plaintiff claims that defendants have violated § 43(a) of the federal Lanham Act, 15 U.S.C. § 1125(a), and have committed the torts of unprivileged imitation and "passing off" as defined under New Jersey law, by selling the drug ibuprofen in a 200-milligram over-the-counter tablet form in a color...

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