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United Industries Corp. v. Clorox Co.

United States Court of Appeals for the Eighth Circuit
140 F.3d 1175 (1998)


Facts

Clorox (defendant) produced and sold Combat, a bestselling roach-bait insecticide. United Industries (United) (plaintiff) manufactured and sold a new competing product, Maxattrax. United released a television commercial that directly compared Maxattrax with another roach-killing product that was generically labeled but resembled a Combat package. The commercial stated that Maxattrax killed roaches in 24 hours, but implied that the other product did not. United sought a declaratory judgment that the advertisement did not violate the Lanham Act’s false-advertising provisions. Clorox counterclaimed, alleging that the commercial did amount to false advertising. Clorox filed a motion for a preliminary injunction against the commercial. The district court denied the injunction, and Clorox appealed.

Rule of Law

Issue

Holding and Reasoning (Wollman, J.)

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