Legal Opinion
Norwich Pharmacal Company v. Sterling Drug, Inc.
Court of Appeals for the Second Circuit
Decided November 9, 1959No. 290, Docket 25488PublishedCited by 93 opinions
1Opinion of the Court
MOORE, Circuit Judge.
Plaintiff, a New York corporation, and defendant, a Delaware corporation, both engage in the manufacture of drugs and pharmaceutical products. For several years, plaintiff has marketed a pink liquid preparation, “Pepto-Bismol,” designed to remedy minor stomach disorders. With the aid of extensive advertising, the sales of Pepto-Bismol have steadily increased; by 1955 plaintiff’s product was nationally recognized and was undoubtedly the leader in the field of stomach assuagement. Defendant in 1955 introduced a comparable proprietary medicine, “Pepsamar,” which was…
2Cases cited28 opinions
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- Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
- Metropolitan Opera Ass'n, Inc. v. Wagner-Nichols Recorder Corp.New York Supreme Court · 1950
- Crescent Tool Co. v. Kilborn & Bishop Co.Court of Appeals for the Second Circuit · 1917
- Metropolitan Opera Ass'n v. Wagner-Nichols Recorder Corp.Appellate Division of the Supreme Court of the State of New York · 1951
23 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- George Basch Co. v. Blue Coral, Inc.Court of Appeals for the Second Circuit · 1992
- L.A. Gear, Inc., Plaintiff/cross-Appellant v. Thom McAn Shoe Company and Melville Corporation and Pagoda Trading Company, Inc.Court of Appeals for the Federal Circuit · 1993
- M. Kramer Manufacturing Co., Inc. v. Hugh Andrews, Tim Caldwell, Drew's Distributing, Inc., Drew's Distributing Co., and Lynch Enterprises, Inc.Court of Appeals for the Fourth Circuit · 1986
- Laureyssens v. Idea Group, Inc.Court of Appeals for the Second Circuit · 1992
- Sk&f, Co. v. Premo Pharmaceutical Laboratories, Inc.Court of Appeals for the Third Circuit · 1980
88 more not listed; retrieve them via the Exa API.