District Court, E.D. New York July 15, 2004, 1:03-cv-00772 (PDK Labs, Inc. v. Proactive Labs, Inc.)

MEMORANDUM AND ORDER

BLOCK, District Judge.

Plaintiff PDK Labs, Inc. (“PDK”) brought this action alleging trademark and trade dress infringement of its registered trademarks for “Two-Way” and “Max-brand” in the marketing of its over-the-counter bronchodilator medicine, along with related claims of unfair competition. Defendant Proactive Labs, Inc.