· 5/26/1988
McNeilab Inc. v. American Home Products Corporation
Citations
- 848 F.2d 34
- 6 U.S.P.Q. 2d (BNA) 2007
- 1988 U.S. App. LEXIS 7174
- 1988 WL 52890
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that plaintiffs must show “some indication of actual injury and causation” (emphasis added)
- analogizing false comparative advertising claims to trademark disputes with regard to the type of harm caused
- comparative advertising “necessarily diminishes [the competing product’s] value in the minds of the consumer”
- “A misleading comparison to a specific competing product necessarily diminishes that product’s value in the minds of the consumer.”
- “A misleading comparison to a specific competing product necessarily diminishes that product’s value in the minds of the consumer.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kaufman, Pierce, Altimari
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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