Legal Opinion

Menley & James Laboratories Ltd. v. Approved Pharmaceutical Corp.

District Court, N.D. New York

Decided July 29, 1977No. 76-CV-518PublishedCited by 25 opinions

1Opinion of the Court

MEMORANDUM-DECISION AND ORDER

MUNSON, District Judge.

This is an action involving alleged trademark and copyright infringement and unfair competition arising out of the defendants’ manufacture of Allergy Relief Compound or ARCOMP. Plaintiff has alleged causes of action under §§ 32(1) 1 and 43(a) 2 of the Lanham Trade-Mark Act, 15 U.S.C. §§ 1114(1) and 1125(a) respectively, as well as under New York State common law and statutory principles of unfair competition such as those contained in New York General Business Law § 368-d (McKinney’s 1968) 3 . Plaintiff has moved for a preliminary injunction…

2Cases cited25 opinions

  1. Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
  2. Fed. Sec. L. Rep. P 94,041 Sonesta International Hotels Corporation v. Wellington AssociatesCourt of Appeals for the Second Circuit · 1973
  3. Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
  4. Yale Electric Corporation v. RobertsonCourt of Appeals for the Second Circuit · 1928
  5. Scarves by Vera, Inc. v. Todo Imports Ltd. (Inc.)Court of Appeals for the Second Circuit · 1976

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3Cited by25 opinions

  1. John H. Harland Company, Cross-Appellant v. Clarke Checks, Inc., Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1983
  2. Original Appalachian Artworks, Inc. v. Toy Loft, Inc.Court of Appeals for the Eleventh Circuit · 1982
  3. Playboy Enterprises, Inc. v. Chuckleberry Publishing, Inc.District Court, S.D. New York · 1980
  4. Johanna Farms, Inc. v. Citrus Bowl, Inc.District Court, E.D. New York · 1978
  5. Chromium Industries, Inc. v. Mirror Polishing & Plating Co., Inc.District Court, N.D. Illinois · 1978

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