Legal Opinion
Johnson & Johnson-Merck Consumer Pharmaceuticals Company v. Rhone-Poulenc Rorer Pharmaceuticals, Inc
Court of Appeals for the Third Circuit
Decided March 15, 1994No. 93-1349PublishedCited by 132 opinions
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Circuit Judge.
This dispute arises from an advertising war between major competing producers of over-the-counter antacid remedies. Plaintiff/appellant Johnson & Johnson-Merck Consumer Pharmaceuticals Company (“Johnson-Merck”) alleges that television commercials by defendanVappellee Rhone-Poulenc Rorer Pharmaceuticals, Inc. (“Rorer”), about ■ its product Extra Strength Maalox Plus (“ESMP”), are misleading advertising in violation of section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1988). Johnson-Merck produces and markets a competing product, Mylanta…
2Cases cited15 opinions
- The Coca-Cola Company v. Tropicana Products, Inc.Court of Appeals for the Second Circuit · 1982
- Castrol Inc. v. Pennzoil Company and Pennzoil Products CompanyCourt of Appeals for the Third Circuit · 1993
- Universal City Studios, Inc. v. Nintendo Co., Ltd., Nintendo of America, Inc.Court of Appeals for the Second Circuit · 1984
- Sandoz Pharmaceuticals Corporation v. Richardson-Vicks, Inc.Court of Appeals for the Third Circuit · 1990
- Johnson & Johnson v. Smithkline Beecham Corp.Court of Appeals for the Second Circuit · 1992
10 more not listed; retrieve them via the Exa API.
3Cited by132 opinions
- Warner-Lambert Company v. Breathasure, Inc.Court of Appeals for the Third Circuit · 2000
- American Telephone And Telegraph Company v. Winback And Conserve Program, Inc.Court of Appeals for the Third Circuit · 1994
- TrafficSchool.com, Inc. v. Edriver Inc.Court of Appeals for the Ninth Circuit · 2011
- Novartis Consumer Health, Inc. v. Johnson & Johnson-Merck Consumer Pharmaceuticals Co.Court of Appeals for the Third Circuit · 2002
- United Industries Corp. v. Clorox Co.Court of Appeals for the Eighth Circuit · 1998
127 more not listed; retrieve them via the Exa API.