Cottrell, Ltd. v. Biotrol International, Inc.
Court of Appeals for the Tenth Circuit
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
- Abbott Laboratories v. Mead Johnson & CompanyCourt of Appeals for the Seventh Circuit · 1992
- Sandoz Pharmaceuticals Corporation v. Richardson-Vicks, Inc.Court of Appeals for the Third Circuit · 1990
- Cayman Exploration Corporation, a Delaware Corporation v. United Gas Pipe Line Company, a Delaware CorporationCourt of Appeals for the Tenth Circuit · 1989
- Johnson & Johnson v. Carter-Wallace, Inc.Court of Appeals for the Second Circuit · 1980
- 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
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