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Quigley

This article was originally published in The Tan Sheet

Executive Summary

Hi-Tech Pharmacal/Health Care Products' Nasal-Ease product infringes Quigley's Cold-Eeze and Kids-Eeze marks, Doylestown, Penn.-based Quigley alleges in a lawsuit filed March 24 in Philadelphia federal court. Hi-Tech's use of the Nasal-Ease name is "likely to cause confusion, or to cause mistake or to deceive," the suit maintains. In addition to trademark infringement, the suit alleges false advertising under the Lanham Act, unfair competition and false designation of origin and common law unfair competition. Quigley takes issue with Hi-Tech's reference in ads to studies examining the effect of zinc on the common cold, including the Cleveland Clinic study of 1996 and the 1993 Dartmouth study, both of which support the use of zinc to reduce the duration of the common cold. Health Care Products says the suit is without merit. Cold-Eeze has been presented with a Edison gold award for best new product by the American Marketing Association. The award was selected by a panel of 3,500 senior marketing and advertising execs...

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