Legal Opinion

Alpo Petfoods, Inc. v. Ralston Purina Company

Court of Appeals for the D.C. Circuit

Decided September 7, 1990No. 89-7181 & 89-7264PublishedCited by 212 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge THOMAS.

CLARENCE THOMAS, Circuit Judge:

In this case, Ralston Purina Co. and ALPO Petfoods, Inc., two of the leading dog food producers in the United States, have sued each other under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1982) (amended 1988), 1 alleging false advertising. ALPO asserts that Ralston has violated section 43(a) by claiming that its Puppy Chow products can lessen the severity of canine hip dysplasia (CHD), a crippling joint condition. Ralston, for its part, attacks ALPO’s claims that ALPO Puppy Food contains “the formula…

2Cases cited35 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  4. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
  5. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974

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3Cited by212 opinions

  1. Hickson Corp. v. Northern Crossarm Co.Court of Appeals for the Eleventh Circuit · 2004
  2. Dastar Corp. v. Twentieth Century Fox Film Corp.Supreme Court of the United States · 2003
  3. TrafficSchool.com, Inc. v. Edriver Inc.Court of Appeals for the Ninth Circuit · 2011
  4. Novartis Consumer Health, Inc. v. Johnson & Johnson-Merck Consumer Pharmaceuticals Co.Court of Appeals for the Third Circuit · 2002
  5. Quick Technologies, Inc. v. The Sage Group Plc And, Sage Us Holdings, Inc. Quick Technologies, Inc. v. Sage Software, Inc.Court of Appeals for the Fifth Circuit · 2003

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