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PARKER LABORATORIES v. PHARMACEUTICAL INNOVATIONS

No. 91 CIV 3853 (KC).

767 F.Supp. 54 (1991)

PARKER LABORATORIES, INC., Plaintiff, v. PHARMACEUTICAL INNOVATIONS, INC., Defendant.

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

June 20, 1991.

Attorney(s) appearing for the Case

Stevan J. Bosses, Nicholas N. Kallas and John J. Cotter of Fitzpatrick, Cella, Harper & Scinto, New York City, for plaintiff, Parker Laboratories.

Lawrence I. Lerner and Arnold B. Dompieri of Lerner, David, Littenberg, Krumholz & Mentlik, Westfield, N.J., for defendant, Pharmaceutical Innovations.

ORDER

CONBOY, District Judge:

Plaintiff Parker Laboratories, Inc., ("Parker") has brought this action against Pharmaceutical Innovations, Inc. ("PI"), seeking equitable relief and punitive damages for trade dress infringement and unfair competition. Parker asserts that PI "blatantly copied" the distinctive, non-functional trade dress of Parker's widely known and highly successful AQUASONIC 100 ultrasound transmission gel. Memorandum in Support of Motion...

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