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SMITHKLINE CLAIMS MYLAN CIMETIDINE INFRINGES TAGAMET TRADE DRESS

Executive Summary

SMITHKLINE CLAIMS MYLAN CIMETIDINE INFRINGES TAGAMET TRADE DRESS in that Mylan has copied the color and appearance of the SmithKline Beecham ulcer drug with an aim to "delude and confuse the public into believing that its cimetidine tablets are produced by SmithKline," or are connected with the firm in some way, SB charges in a patent, trademark and trade dress law suit filed in Philadelphia federal court May 6. The suit notes that Tagamet is "a unique pale or light green color, which is not the natural color of cimetidine." Mylan's generic cimetidine tablets not only copy the color of Tagamet, SB charges, but are also "colorable imitations" of the appearance of Tagamet because of the similar shapes of the different dosage strengths.

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