Legal Opinion
Carter-Wallace, Inc. v. Procter & Gamble Co.
Court of Appeals for the Ninth Circuit
Decided November 10, 1970No. 25280PublishedCited by 95 opinions
1Opinion of the Court
GERALD S. LEVIN, District Judge.
This is an action for unfair competition and common law trademark infringement arising from defendant’s1 alleged infringement of plaintiff’s 2 personal deodorant slogan, “Use ARRID * * * To Be Sure” and its variant, “To Be Sure,” used in connection with plaintiff's advertising of its personal deodorant under the trademark ARRID.
Plaintiff’s Amended and Supplemental Complaint sought to enjoin defendant from marketing a personal deodorant under an allegedly confusingly similar trademark, SURE. Jurisdiction of the District Court was based on diversity of…
2Cases cited27 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
- The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
- R. G. Smith, Doing Business Under the Name and Style of Ta'ron, Inc., and International Fragrances, Inc. v. Chanel, Inc., and Chanel Industries, Inc.Court of Appeals for the Ninth Circuit · 1968
- Aloe Creme Laboratories, Inc. v. Milsan, Inc.Court of Appeals for the Fifth Circuit · 1970
22 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
- Herb Reed Enterprises, LLC v. Florida Entertainment Management, Inc.Court of Appeals for the Ninth Circuit · 2013
- A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, IncCourt of Appeals for the Third Circuit · 2000
- Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
90 more not listed; retrieve them via the Exa API.