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WARNER-LAMBERT CO. v. NORTHSIDE DEVELOPMENT CORP.

Nos. 1715, 1825, Dockets 96-7105, 96-7189.

86 F.3d 3 (1996)

WARNER-LAMBERT COMPANY and Parke Davis & Co., Limited, Plaintiffs-Appellants-Cross-Appellees, v. NORTHSIDE DEVELOPMENT CORPORATION, Northside Development Company, Inc., and Joseph Dekama, Defendants, Quality King Distributors, Inc. and Northside Associates, Inc., Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 29, 1996.

Attorney(s) appearing for the Case

Peter Buscemi, Morgan, Lewis & Bockius, Washington, D.C. (Michael F. Clayton, Morgan, Lewis & Bockius, Washington, D.C., of counsel; John J. O'Donnell, Morgan, Lewis & Bockius, New York City; John N. O'Shea, Warner-Lambert Company, Morris Plains, New Jersey, of counsel), for Plaintiffs-Appellants-Cross-Appellees.

John B. Rosenquest III, Edwards & Angell, Providence, Rhode Island (Alfred R. Paliani, Edwards & Angell, Providence, Rhode Island; Dennis M. Apfel, Miller & Apfel, Deer Park, New York, of counsel), for Defendants-Appellees-Cross-Appellants.

Before: WINTER, McLAUGHLIN, and CALABRESI, Circuit Judges.

WINTER, Circuit Judge:

Warner-Lambert Company, the maker of HALLS cough drops, and Parke Davis & Company, a wholly owned subsidiary of Warner-Lambert (collectively "Warner-Lambert"), commenced this trademark infringement action pursuant to 15 U.S.C. § 1051 et seq. alleging that Quality King Distributors and Northside Associates (collectively "Quality King") knowingly sold, and intend to continue to sell, HALLS cough drops that fail to comply with Warner...

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