BEECH-NUT, INC. v. WARNER-LAMBERT COMPANY

No. 356, Docket 72-1940.

480 F.2d 801 (1973)

BEECH-NUT, INC., Plaintiff-Appellant, v. WARNER-LAMBERT COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 19, 1973.


Attorney(s) appearing for the Case

Leslie D. Taggart, New York City (Albert Robin, Frank J. Colucci, Watson, Leavenworth, Kelton & Taggart, Alfred J. Hedal, Harry O. Ansorge, New York City), for plaintiff-appellant.

Stanton T. Lawrence, Jr., New York City (James G. Foley, Philip T. Shannon, George F. Long, III, Pennie, Edmonds, Morton, Taylor & Adams, New York City), for defendant-appellee.

Before MOORE, HAYS and OAKES, Circuit Judges.


MOORE, Circuit Judge:

This case involves a "struggle between corporate titans,"1 in their efforts to create and market cylindrically packaged confections having as their purpose the purification of breath. Breath, quite an essential element to human existence, has with the advent of the advertising profession, received notoriety (as might be expected) by having the unfortunate consequences of "bad" breath presented to the public in an...

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