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BASF CORP. v. OLD WORLD TRADING CO., INC.

Nos. 92-3471, 92-3486, 92-3645 and 92-3928.

41 F.3d 1081 (1994)

BASF CORPORATION, Plaintiff-Appellant/Cross-Appellee, v. OLD WORLD TRADING COMPANY, INCORPORATED, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 16, 1994.

Attorney(s) appearing for the Case

Francis D. Morrissey, William Lynch Schaller (argued), Michael A. Pollard, Michael Murtaugh, and Thomas R. Nelson, Baker & McKenzie, Chicago, IL, for plaintiff.

Alan S. Ganz, Marc A. Primack, Rooks, Pitts & Poust; David H. Kistenbroker, Freeborn & Peters, Chicago, IL, and Daniel M. Leep, and John F. Maloney (argued), McNally, Maloney & Peterson, Milwaukee, WI, for defendant.

Before CUDAHY, RIPPLE and MANION, Circuit Judges.

CUDAHY, Circuit Judge.

BASF and Old World Trading Company, a privately held Illinois corporation, are competitors in the antifreeze market. In the 1980s, Old World advertised that its antifreeze met certain industry specifications; BASF contended that Old World had never actually tested its antifreeze to determine whether it met the specifications. BASF brought suit for false advertising under the Lanham Act, 15 U.S.C. § 1125(a) (1982), and the Illinois Consumer...

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