Legal Opinion

Cottrell, Ltd. v. Biotrol International, Inc.

Court of Appeals for the Tenth Circuit

Decided September 10, 1999No. 97-1475PublishedCited by 55 opinions

1Opinion of the Court

EBEL, Circuit Judge.

Cottrell, Ltd. (“Cottrell”) filed a Lanham Act claim against Pro-Dex, Inc. (“Pro-Dex”), and its wholly-owned subsidiary, Biotrol International, Inc. (“Biotrol”), alleging that they made false and misleading representations with regard to their hard surface cleaning product, “Birex.” The district court granted the defendants-ap-pellees’ motion to dismiss pursuant to Fed. R.Civ.P. 12(b)(6). We now reverse and remand.

BACKGROUND

The parties to this litigation manufacture, advertise, and market hard surface cleaners and disinfectants for use in medical and dental facilities.…

2Cases cited11 opinions

  1. Abbott Laboratories v. Mead Johnson & CompanyCourt of Appeals for the Seventh Circuit · 1992
  2. Sandoz Pharmaceuticals Corporation v. Richardson-Vicks, Inc.Court of Appeals for the Third Circuit · 1990
  3. Cayman Exploration Corporation, a Delaware Corporation v. United Gas Pipe Line Company, a Delaware CorporationCourt of Appeals for the Tenth Circuit · 1989
  4. Johnson & Johnson v. Carter-Wallace, Inc.Court of Appeals for the Second Circuit · 1980
  5. Frank B. Fiedler v. Charles Clark, Acting Director of the Department of Health of the State of HawaiiCourt of Appeals for the Ninth Circuit · 1983

6 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. Sally Beauty Company v. Beautyco Inc.Court of Appeals for the Tenth Circuit · 2002
  2. Proctor & Gamble Co. v. HaugenCourt of Appeals for the Tenth Circuit · 2000
  3. La Resolana Architects, PA v. Reno, Inc.Court of Appeals for the Tenth Circuit · 2009
  4. Robbins v. WilkieCourt of Appeals for the Tenth Circuit · 2002
  5. Duran v. CarrisCourt of Appeals for the Tenth Circuit · 2001

50 more not listed; retrieve them via the Exa API.

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