Legal Opinion

Johnson & Johnson v. Carter-Wallace, Inc.

Court of Appeals for the Second Circuit

Decided September 25, 1980No. 1253, Docket 80-7318PublishedCited by 158 opinions

1Opinion of the Court

MANSFIELD, Circuit Judge:

Johnson & Johnson (“Johnson”), manufacturer of Johnson’s Baby Oil and Johnson’s Baby Lotion, appeals from a judgment of the United States District Court for the Southern District of New York, entered by Judge Constance Baker Motley, dismissing at the end of the plaintiff’s case during a non-jury trial its suit for injunctive relief brought under § 43(a) of the Lanham Act, 1 15 U.S.C. § 1125(a), against Carter-Wallace (“Carter”), the manufacturer of NAIR, a leading depilatory product. Because we believe Johnson’s showing on the required elements of its false…

2Cases cited20 opinions

  1. L'Aiglon Apparel, Inc. v. Lana Lobell, Inc.Court of Appeals for the Third Circuit · 1954
  2. Donsco, Inc. v. Casper Corp.Court of Appeals for the Third Circuit · 1978
  3. Quabaug Rubber Company v. Fabiano Shoe Co., Inc.Court of Appeals for the First Circuit · 1977
  4. Alfred Dunhill Limited and Alfred Dunhill of London, Inc. v. Interstate Cigar Company, Inc.Court of Appeals for the Second Circuit · 1974
  5. Parkway Baking Co. v. Freihofer Baking Co.Court of Appeals for the Third Circuit · 1958

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3Cited by158 opinions

  1. Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
  2. Warner-Lambert Company v. Breathasure, Inc.Court of Appeals for the Third Circuit · 2000
  3. TrafficSchool.com, Inc. v. Edriver Inc.Court of Appeals for the Ninth Circuit · 2011
  4. Novartis Consumer Health, Inc. v. Johnson & Johnson-Merck Consumer Pharmaceuticals Co.Court of Appeals for the Third Circuit · 2002
  5. The Coca-Cola Company v. Tropicana Products, Inc.Court of Appeals for the Second Circuit · 1982

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