Bristol-Myers Squibb Company, Cross-Appellant v. mcneil-p.p.c., Inc., Cross-Appellee

MESKILL, Chief Judge:

This is an appeal from a preliminary injunction entered in the United States District Court for the Eastern District of New York, Spatt, J., in an action brought under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and various state unfair competition laws. The preliminary injunction prevents. the appellant, McNeil-P.P.C., Inc. (McNeil) from marketing its product, “Tylenol PM,” in the trade dress that it had been using prior to the injunction. Also before us is a cross-appeal by Bristol-Myers Squibb Company (Bristol) from the denial of preliminary injunctive relief…