United States Third Circuit

Preliminary injunction, against use of a medicine name designation pending a false advertising claim, was proper based on 1) "literally false by necessary implication" nature of the name, 2) likelihood that consumers will be misled, and 3) the threat of irreparable harm through its continued use.

Appellate Information

• Argued 03/14/2001
• Decided 05/14/2002
• Published 05/14/2002

Judges

• Before:  RENDELL, AMBRO, and BRIGHT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Steven A. Zalesin (Argued), Patterson, Belknap, Webb & Tyler, New York City, for appellant.


• For Appellees:
  
• Bruce P. Keller (Argued), Debevoise & Plimpton, New York City, for appellee.