Legal Opinion

Beech-Nut, Inc. v. Warner-Lambert Company

Court of Appeals for the Second Circuit

Decided June 19, 1973No. 356, Docket 72-1940PublishedCited by 56 opinions

1Opinion of the Court

MOORE, Circuit Judge:

This case involves a “struggle between corporate titans,” 1 in their efforts to create and market cylindrically packaged confections having as their purpose the purification of breath. Breath, quite an essential element to human existence, has with the advent of the advertising profession, received notoriety (as might be expected) by having the unfortunate consequences of “bad” breath presented to the public in an in terrorem way. These titans, from motives possibly altruistic, but more probably financial, have sought to alleviate this unfortunate bodily affliction by…

2Cases cited5 opinions

  1. Clairol Incorporated v. The Gillette CompanyCourt of Appeals for the Second Circuit · 1968
  2. Federal-Mogul-Bower Bearings, Inc. v. AzoffCourt of Appeals for the Sixth Circuit · 1963
  3. Joseph Schlitz Brewing Co. v. Houston Ice & Brewing Co.Supreme Court of the United States · 1919
  4. Sutton Cosmetics (P. R.) Inc. v. Lander Co., Inc., Scott Chemical Co., Inc.Court of Appeals for the Second Circuit · 1972
  5. Beech-Nut, Inc. v. Warner-Lambert CompanyDistrict Court, S.D. New York · 1972

3Cited by56 opinions

  1. Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. And Michael ZaffaranoCourt of Appeals for the Second Circuit · 1979
  2. John H. Harland Company, Cross-Appellant v. Clarke Checks, Inc., Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1983
  3. Thompson Medical Company, Inc. v. Pfizer Inc.Court of Appeals for the Second Circuit · 1985
  4. Takeda v. Northwestern National Life InsuranceCourt of Appeals for the Ninth Circuit · 1985
  5. General Mills, Inc. v. Kellogg Company, Kellogg Company v. General Mills, Inc.Court of Appeals for the Eighth Circuit · 1987

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