Wise v. Bristol-Myers Co.

BONDY, District Judge.

This is a suit for trade-mark infringement and unfair competition. .The parties are citizens of different states.

■ Plaintiff claims that his registered trademark ' “BUpH 3.5” and his common-law, rights to the exclusive use of the word “Buff” are infringed by defendant’s use of the word “Bufferin’’ as the name of defendant’s product. Plaintiff’s product is an antacid tablet for control of gastric acidity and it consists of a mixture of citrated and 'phosphated salts of calcium and sodium. Defendant’s product is a pain reliever for use against headaches, neuralgias and…