Legal Opinion
C.B. Fleet Company, Incorporated, a Virginia Corporation v. Smithkline Beecham Consumer Healthcare, L.P., a Delaware Limited Partnership
Court of Appeals for the Fourth Circuit
Decided December 10, 1997No. 96-2606PublishedCited by 45 opinions
1Opinion of the Court
Affirmed by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge WILKINS and Judge MICHAEL joined.
OPINION
PHILLIPS, Senior Circuit Judge:
This is an appeal by C.B. Fleet Company, Inc. (Fleet), a manufacturer of feminine hygiene products, from a judgment dismissing for failure of proof its Lanham Act false advertising claims against a competitor, SmithKline Beecham Consumer Healthcare, L.P. (SmithKline). We affirm.
I
The events leading to this litigation began in 1991 when SmithKline, concerned about a declining market for its principal douche product, hired a marketing…
2Cases cited8 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Basf Corporation, Plaintiff-Appellant/cross-Appellee v. Old World Trading Company, Incorporated, Defendant-Appellee/cross-AppellantCourt of Appeals for the Seventh Circuit · 1994
- mcneil-p.c.c., Inc. v. Bristol-Myers Squibb CompanyCourt of Appeals for the Second Circuit · 1991
- Castrol, Inc. v. Quaker State Corporation, Quaker State Oil Refining Corporation, and Grey Advertising, Inc.Court of Appeals for the Second Circuit · 1992
3 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- United States v. Wayne Gaskin, AKA "Atiba," and Al CastleCourt of Appeals for the Second Circuit · 2004
- Johnson & Johnson Vision Care, Inc. v. 1-800 Contacts, Inc.Court of Appeals for the Eleventh Circuit · 2002
- PBM PRODUCTS, LLC v. Mead Johnson & Co.Court of Appeals for the Fourth Circuit · 2011
- Balance Dynamics Corporation v. Schmitt Industries, IncorporatedCourt of Appeals for the Sixth Circuit · 2000
- Osmose, Inc. v. VIANCE, LLCCourt of Appeals for the Eleventh Circuit · 2010
40 more not listed; retrieve them via the Exa API.