Legal Opinion
Norwich Pharmacal Co. v. Sterling Drug, Inc.
District Court, N.D. New York
Decided August 1, 1958No. Civ. 6010PublishedCited by 4 opinions
1Opinion of the Court
BRENNAN, Chief Judge.
The overlapping of the requirements of free competition and ethical business practices is the problem involved in this litigation.
The action, originally brought in the state court, seeks an injunction and money damages based upon the allegations that the defendant is competing unfairly in the imitation, manufacture and distribution of its product, Pepsamar, which is sold in competition with the plaintiff’s product, Pepto-Bismol. Upon the trial, the claim for damages was waived and the problem is reduced to a determination as to whether or not injunctive relief is…
2Cases cited20 opinions
- International News Service v. Associated PressSupreme Court of the United States · 1919
- 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
- Metropolitan Opera Ass'n v. Wagner-Nichols Recorder Corp.Appellate Division of the Supreme Court of the State of New York · 1951
- My-T Fine Corporation v. SamuelsCourt of Appeals for the Second Circuit · 1934
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3Cited by4 opinions
- Norwich Pharmacal Company v. Sterling Drug, Inc.Court of Appeals for the Second Circuit · 1959
- Speedry Products, Inc. v. Dri Mark Products, Inc.Court of Appeals for the Second Circuit · 1959
- Barton Candy Corp. v. Tell Chocolate Novelties Corp.District Court, E.D. New York · 1959
- Speedry Products, Inc. v. Dri Mark Products, Inc.Court of Appeals for the Second Circuit · 1959