Upjohn Co. v. Schwartz

BONDY, District Judge.

Plaintiff, a Michigan corporation, engaged in the preparation, distribution and sale of pharmaceutical products, brought this action against defendant, a citizen of the State of New York, doing business as the Bryant Pharmaceutical Company, likewise engaged in the preparation, distribution and sale of pharmaceutical products, for trade-mark infringement and unfair competition.

In its complaint plaintiff alleged two causes of action as to each of seven pharmaceutical products, one for trade-mark infringement and one for unfair competition, and as to all collectively a…