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J&J Insists Manufacturer Infringed Neosporin Mark

Law360 (January 7, 2008, 12:00 AM EST) -- Johnson & Johnson has rebutted manufacturer Perrigo Co.'s claim that the packaging for Perrigo's topical antibiotic ointment is too distinct from that of the pharmaceutical giant's Neosporin brand as to constitute trademark infringement.

J&J filed a memorandum of law opposing Perrigo's earlier motion for summary judgment Friday in the U.S. District Court for the Southern District of New York. Both sides have summary judgment motions pending.

Perrigo produces, packages and distributes an antibiotic ointment similar to Neosporin, the packaging of which seeks to replicate the gold...
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