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BRISTOL-MYERS SQUIBB COMPANY WINS INJUNCTION FOR EXCEDRIN PM AGAINST TYLENOL PM

 BRISTOL-MYERS SQUIBB COMPANY WINS INJUNCTION
 FOR EXCEDRIN PM AGAINST TYLENOL PM
 NEW YORK, Feb. 21 /PRNewswire/ -- Bristol-Myers Squibb Company (NYSE: BMY) today announced that United States District Judge Arthur D. Spatt of the U.S. District Court, Eastern District of New York, issued a preliminary injunction, prohibiting McNeil-P.P.C., Inc., a subsidiary of Johnson & Johnson Company (NYSE: JNJ), from "using, selling, offering for sale, and distributing" TYLENOL PM in its current trade dress (packaging) in both tablet and caplet form. Judge Spatt found that Bristol-Myers Squibb Company was likely to succeed on the merits in its claim that McNeil P.P.C.'s packaging for its TYLENOL PM product is likely to be confused with the EXCEDRIN PM packaging, in violation of the United States Trademark Act.
 In addition, Judge Spatt ordered McNeil-P.P.C. to recall all advertising bearing the TYLENOL PM package and enjoined any future advertising.
 Judge Spatt's "Opinion and Order" (CV 91-1826, Eastern District) stated the following:
 -- "The evidence is clear that McNeil's purpose was to trade
 on the EXCEDRIN PM mark with full knowledge that the
 TYLENOL PM mark would result in confusion....McNeil did
 not innocently select its potentially confusing mark and
 trade dress."
 -- "The Court finds the above evidence to be compelling on
 the issue of intentional copying. An analysis of the
 logotype, graphic devices and color configuration of the
 EXCEDRIN PM and TYLENOL PM packages leads to the
 inescapable conclusion that the defendant intentionally
 copied Bristol-Myers' analgesic-with-sleep-aid trade
 dress."
 -- "The Court finds McNeil's proffer to be less than a candid
 and reasonable explanation of its choice of a trade dress
 that so closely approximates that of EXCEDRIN PM. In
 light of the foregoing, the Court finds that in choosing a
 trade dress for its TYLENOL PM product, McNeil acted in
 bad faith."
 The suit, filed on May 21, 1991, alleged that McNeil-P.P.C. sought to reap the benefits of consumer familiarity with the EXCEDRIN PM packaging that Bristol-Myers Squibb Company spent over 20 years developing.
 Prior to the introduction of TYLENOL PM, EXCEDRIN PM had long been the market leader of the analgesic/sleep aid category. It is sold over the counter in drug, food and other retail stores. It is manufactured and marketed by Bristol-Myers Products, a division of Bristol-Myers Squibb Company.
 Bristol-Myers Squibb is a diversified health care company whose principal businesses are pharmaceuticals, consumer products, nutritionals and medical devices.
 -0- 2/21/92
 /CONTACT: Jerry Parrott of Bristol-Myers Squibb, 212-546-4333/
 (BMY JNJ) CO: Bristol-Myers Squibb Company; Johnson & Johnson Company ST: New Jersey, New York IN: MTC SU:


KD -- NY056 -- 1483 02/21/92 15:38 EST
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Publication:PR Newswire
Date:Feb 21, 1992
Words:439
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