Legal Opinion

Bristol-Myers Squibb Co. v. McNeil-P.P.C., Inc.

District Court, E.D. New York

Decided February 20, 1992No. CV 91-1826 (ADS)PublishedCited by 27 opinions

1Opinion of the Court

OPINION AND ORDER

SPATT, District Judge.

In reviewing this case, the Court finds that the caption might more appropriately read the “Clash of the Titans.” These two pharmaceutical giants have manufactured and produced some of the most reputable products sold, not only in this country, but around the world.

In particular, two brand names intimately connected to these companies are known to virtually every household in America— EXCEDRIN and TYLENOL. These two products have come to be identified with what is often perceived to be a peculiarly national phenomenon—the great American “headache”—a…

2Cases cited97 opinions

  1. United States v. RaddatzSupreme Court of the United States · 1980
  2. Shirley Small v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1989
  3. Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
  4. Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc.Court of Appeals for the Second Circuit · 1979
  5. Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976

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3Cited by27 opinions

  1. Bristol-Myers Squibb Company, Cross-Appellant v. mcneil-p.p.c., Inc., Cross-AppelleeCourt of Appeals for the Second Circuit · 1992
  2. Securitron Magnalock Corp. v. SchnabolkCourt of Appeals for the Second Circuit · 1995
  3. Pebble Beach Co. v. Tour 18 I Ltd.Court of Appeals for the Fifth Circuit · 1998
  4. AHP Subsidiary Holding Co. v. Stuart Hale Co.Court of Appeals for the Seventh Circuit · 1993
  5. Gucci America, Inc. v. Duty Free Apparel, Ltd.District Court, S.D. New York · 2003

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