Zirin Laboratories International, Inc. v. Mead-Johnson & Co.

TALBOT SMITH, District Judge.

1. Plaintiff’s complaint, as first amended, was an action to recover damages caused by defendants’ alleged trademark infringement and unfair competition. Plaintiff alleged that defendants’ product, METRECAL, is an imitation of plaintiff’s products NATURCAL and NATROCAL. Defendants moved for summary judgment under Fed.Rules Civ. Proc. Rule 56(b), 28 U.S.C.A., on the ground that plaintiff’s President, Mr. Benjamin Zirin, admitted in his deposition of September 14, 1961, that plaintiff had not been damaged by defendants’ conduct.

2. Plaintiff subsequently asked leave…