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W.W.W. PHARMACEUTICAL CO., INC. v. GILLETTE CO.

Nos. 598, 599, Dockets 92-7718, 92-7864.

984 F.2d 567 (1993)

W.W.W. PHARMACEUTICAL COMPANY, INC., Plaintiff-Appellant, v. The GILLETTE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 22, 1993.

Attorney(s) appearing for the Case

John M. Keene, New York City (Graham, Campaign & McCarthy, of counsel), for plaintiff-appellant.

Marie V. Driscoll, New York City (Douglas A. Coblens, Robin, Blecker, Daley & Driscoll; Raymond J. De Vellis, The Gillette Co., Boston, MA, of counsel), for defendant-appellee.

Before: OAKES, WINTER and WALKER, Circuit Judges.

OAKES, Circuit Judge:

W.W.W. Pharmaceutical Co., Inc. ("WWW") appeals from a judgment as a matter of law granted to defendant-appellee Gillette Co. ("Gillette"). WWW sued Gillette under the Lanham Act for trademark infringement, 15 U.S.C. § 1114 (1988), and false designation of origin, 15 U.S.C. § 1125(a) (1988). WWW also made pendant claims of unfair competition under New York common law and dilution under N.Y.Gen.Bus.L. § 368 (McKinney 1984). Finding...

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