Legal Opinion
W.L. Gore & Associates, Inc. v. Totes Inc.
District Court, D. Delaware
Decided April 1, 1992No. Civ. A. 92-39-JLLPublishedCited by 18 opinions
1Opinion of the Court
OPINION
LATCHUM, Senior District Judge.
The plaintiff, W.L. Gore & Associates, Inc. (“Gore”), seeks a preliminary injunction to prevent Totes Incorporated (“ ‘totes’ ”) from making false and misleading descriptions and/or representations of fact in its advertising and from infringing on its trademark. 1 The plaintiff questions whether ‘totes’ is telling the whole truth about its product in its advertisements and its literature.
To obtain relief, the plaintiff must make a showing of four factors: (1) reasonable probability of success on the merits, (2) irreparable injury absent relief, (3) the…
2Cases cited20 opinions
- Opticians Ass'n of America v. Independent Opticians of AmericaCourt of Appeals for the Third Circuit · 1990
- Sandoz Pharmaceuticals Corporation v. Richardson-Vicks, Inc.Court of Appeals for the Third Circuit · 1990
- Johnson & Johnson v. Carter-Wallace, Inc.Court of Appeals for the Second Circuit · 1980
- McNeilab Inc. v. American Home Products CorporationCourt of Appeals for the Second Circuit · 1988
- mcneil-p.c.c., Inc. v. Bristol-Myers Squibb CompanyCourt of Appeals for the Second Circuit · 1991
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Novartis Consumer Health, Inc. v. Johnson & Johnson-Merck Consumer Pharmaceuticals Co.Court of Appeals for the Third Circuit · 2002
- Southland Sod Farms v. Stover Seed Co.Court of Appeals for the Ninth Circuit · 1997
- Southland Sod Farms v. Stover Seed Co.Court of Appeals for the Ninth Circuit · 1997
- Groupe SEB USA, Inc. v. Euro-Pro Operating LLCCourt of Appeals for the Third Circuit · 2014
- In Re Gen. Motors Corp. Anti-Lock Brake Products Liability Lit.District Court, E.D. Missouri · 1997
13 more not listed; retrieve them via the Exa API.