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AMERICAN HOME PRODUCTS v. JOHNSON & JOHNSON, McNEILAB, INC.

No. 87 Civ. 6970 (WCC).

671 F.Supp. 316 (1987)

AMERICAN HOME PRODUCTS CORPORATION, Plaintiff, v. JOHNSON & JOHNSON, McNEILAB, INC., Defendants.

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

As Amended November 4, 1987.

Attorney(s) appearing for the Case

Arnold & Porter, Washington, D.C. (Stuart J. Land, Jack Lipson, Thomas J. McGrew, Douglas A. Dworkin, Peter Kautsky, Duane K. Thompson, Steven P. Lockman, of counsel), Morrison & Foerster, New York City (Jack C. Auspitz, Kim J. Landsman, Charles F. Hagan, William P. Woods, Egon E. Berg, of counsel), for plaintiff.

Patterson, Belknap, Webb & Tyler, New York City (David F. Dobbins, Gregory L. Diskant, Harmon Grossman, of counsel), for defendants.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge.

This action, recently transferred from the Eastern District of Pennsylvania, seeks injunctive relief under Section 43(a) of the Lanham Trademark Act, 15 U.S.C. § 1125(a), and the common law of unfair competition. Plaintiff American Home Products Corporation ("AHP") maker of the over-the-counter ("OTC") internal analgesic ADVIL, charges that defendant McNeilab, Inc. ("McNeil"), a wholly-owned subsidiary...

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