· 9/7/1990
Alpo Petfoods, Inc. v. Ralston Purina Company
Citations
- 913 F.2d 958
- 286 U.S. App. D.C. 192
- 16 U.S.P.Q. 2d (BNA) 1081
- 1990 U.S. App. LEXIS 15700
- 1990 WL 127951
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “an award based on a defendant’s profits requires proof that the defendant acted willfully or in bad faith”
- concluding that “deterrence is too weak and too easily invoked a justification for the severe and often cumbersome remedy of a profits award,” and therefore “deterrence alone cannot justify such an award”
- concluding that “deterrence is too weak and too easily invoked a justification for the severe and often cumbersome remedy of a profits award,” and therefore “deterrence alone cannot justify such an award”
- explaining that a showing of willfulness usually involves a “deliberate theft of a mark holder’s good will”
- explaining that a showing of willfulness usually involves a \deliberate theft of a mark holder's good will\
- noting that to succeed on a false advertising claim, a plaintiff must show that representations were “material in their effects on buying decisions”
Source: CourtListener parenthetical corpus (CC0).
Judges: Edwards, Sentelle, Thomas
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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