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ORAL-B LABORATORIES, INC. v. MI-LOR CORP.

Nos. 363, 364, Dockets 86-7047, 7049.

810 F.2d 20 (1987)

ORAL-B LABORATORIES, INC., a Delaware corporation, Plaintiff-Appellee, Cross-Appellant, v. MI-LOR CORPORATION, a Massachusetts corporation, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 20, 1987.

Attorney(s) appearing for the Case

Philip R. Hoffman, New York City (Pryor, Cashman, Sherman & Flynn, of counsel), for defendant-appellant, cross-appellee.

Andrew V. Galway, New York City (Liddy, Sullivan, Galway & Begler, Jay H. Begler, of counsel), for plaintiff-appellee, cross-appellant.

Before FEINBERG, Chief Judge, WINTER and MANSFIELD, Circuit Judges.

FEINBERG, Chief Judge:

Defendant Mi-Lor Corporation appeals from an order and modified preliminary injunction of the United States District Court for the Southern District of New York, Robert W. Sweet, J., finding certain of Mi-Lor's toothbrush packages in contempt of a prior injunction and enjoining, among other things, any reference on future Mi-Lor packaging to plaintiff Oral-B Laboratories. Mi-Lor argues that its packaging is neither confusingly similar to Oral...

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