Legal Opinion

Thompson Medical Company, Inc. v. Pfizer Inc.

Court of Appeals for the Second Circuit

Decided January 11, 1985No. 441, Docket 84-7761PublishedCited by 317 opinions

1Opinion of the Court

IRVING R. KAUFMAN, Circuit Judge:

Although the aches and pains derived from physical activity have always been part of our American heritage, only recently have they become fashionable and profitable.

In the spring of 1982, Thompson Medical Company (“Thompson”) introduced “Sport-screme,” a topical analgesic designed to relieve the muscle soreness associated with sports activities. Two years later, in the spring of 1984, Pfizer Inc. (“Pfizer”) introduced a similar product, “BEN-GAY SportsGel,” which was also targeted specifically at the “weekend athlete.” On August 16, 1984, Thompson filed suit…

2Cases cited40 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
  3. Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
  4. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  5. McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979

35 more not listed; retrieve them via the Exa API.

3Cited by317 opinions

  1. Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
  2. Perini Corporation v. Perini Construction, Inc.Court of Appeals for the Fourth Circuit · 1990
  3. Lois Sportswear, U.S.A., Inc., and Textiles Y Confecciones Europeas, S.A. v. Levi Strauss & Company, Defendant-Plaintiff-AppelleeCourt of Appeals for the Second Circuit · 1986
  4. Bristol-Myers Squibb Company, Cross-Appellant v. mcneil-p.p.c., Inc., Cross-AppelleeCourt of Appeals for the Second Circuit · 1992
  5. Centaur Communications, Limited v. A/s/m Communications, Inc.Court of Appeals for the Second Circuit · 1987

312 more not listed; retrieve them via the Exa API.

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