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

973 F.2d 1033 (1992)

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

United States Court of Appeals for the Second Circuit
973 F.2d 1033 (1992)

Facts

Bristol-Myers Squibb Company (Bristol) (plaintiff) manufactured and distributed Excedrin PM, a product combining an analgesic with a sleep aid, starting in 1968. McNeil-P.P.C., Inc. (McNeil) (defendant), also a pharmaceutical company, manufactured and distributed Tylenol PM, a combination of analgesic and sleep aid, starting in 1991. Neither brand registered the trademark “PM.” Bristol filed suit against McNeil in the United States District Court for the Eastern District of New York, seeking relief under the Lanham Act and moving for a preliminary injunction to prevent McNeil from using the term “PM” in connection with McNeil’s combination analgesic/sleep aid and to prevent the marketing of the product. The district court denied Bristol’s requested injunction, finding that “PM” was a descriptive term that denoted nighttime without secondary meaning. Bristol appealed.

Rule of Law

Issue

Holding and Reasoning (Meskill, J.)

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