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PROCTOR & GAMBLE CO. v. HAUGEN

Nos. 99-4067, 99-4090.

222 F.3d 1262 (2000)

The PROCTOR & GAMBLE COMPANY; Proctor & Gamble Distributing Company, Plaintiffs-Appellants and Cross-Appellees, v. Randy L. HAUGEN, individually, doing business as Freedom Associates, Inc.; Freedom Tools Incorporated; Freedom Associates, Inc., a Utah corporation; Steven E. Brady, individually; Stephen L. Bybee, individually; Eagle Business Development, Inc., a Utah corporation; Ted Randall Walker, individually; Walker International Network, a Texas Partnership; Roger D. Patton, individually, Defendants-Appellees, and Amway Corporation, a Michigan corporation, Defendant—Appellee and Cross-Appellant, and Jeffrey G. Musgrove, individually; Musgrove Enterprises, a Texas partnership, Defendants.

United States Court of Appeals, Tenth Circuit.

August 23, 2000.

Attorney(s) appearing for the Case

Neil Peck (Thomas S. Nichols, Andrew M. Low, Martin J. Katz, Gale T. Miller, Kenzo S. Kawanabe and Shana M. Solomon with him on the briefs) of Davis, Graham & Stubbs, LLP, Denver, Colorado, for Plaintiffs—Appellants and Cross-Appellees.

James R. Sobieraj, Brinks Hofer Gilson & Lione, Chicago, Illinois (Cynthia A. Homan, Timothy Q. Delaney and Dominic P. Zanfardino of Brinks Hofer Gilson & Lione, Chicago, Illinois; Joseph J. Joyce and Kirstin A. Van Orman of Strong & Hanni, Salt Lake City, Utah, with him on the brief) for Defendants—Appellees and Cross-Appellant.

Before LUCERO, McKAY and MURPHY, Circuit Judges.

LUCERO, Circuit Judge.

The Proctor & Gamble Company and Proctor & Gamble Distributing Company ("P & G") appeal from a final judgment dismissing their lawsuit against parties who disseminated the rumor that P & G is a corporate agent of Satan. We decide whether the district court erred in granting summary judgment on P & G's Lanham Act claim on the ground that the message—associating P & G with Lucifer—does not relate to qualities...

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