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CASTROL, INC. v. QUAKER STATE CORP.

No. 1667, Docket 92-7347.

977 F.2d 57 (1992)

CASTROL, INC., Plaintiff-Appellee, v. QUAKER STATE CORPORATION, Quaker State Oil Refining Corporation, and Grey Advertising, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 7, 1992.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison (Lewis R. Clayton, Daniel McNeel Lane, Jr., Peter B. Bensinger, Jr., Donn B. Zaretsky, of counsel), New York City, for plaintiff-appellee.

Weil, Gotshal & Manges (Robert G. Sugarman, Richard G. Tashjian, Ronald E. Klempner, of counsel), New York City, for defendants-appellants Quaker State Corp. and Quaker State Oil Refining Corp.

Winston & Strawn (James J. Terry, Jr., Leonard Orkin, of counsel), New York City, for defendant-appellant Grey Advertising, Inc.

Before: MINER and WALKER, Circuit Judges, and POLLACK, District Judge.

WALKER, Circuit Judge:

A Quaker State television commercial asserts that "tests prove" its 10W-30 motor oil provides better protection against engine wear at start-up. In a thoughtful opinion reported at 1992 WL 47981 (S.D.N.Y. March 2, 1992), the United States District Court for the Southern District of New York (Charles S. Haight, Judge) held that plaintiff-appellee Castrol, Inc. ("Castrol") had proven this advertised claim literally false pursuant to §...

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