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JOHNSON & JOHNSON VISION CARE v. 1-800 CONTACTS

No. 02-10322.

299 F.3d 1242 (2002)

JOHNSON & JOHNSON VISION CARE, INC., Plaintiff-Appellee, v. 1-800 CONTACTS, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 29, 2002.

Attorney(s) appearing for the Case

Michael J. Korn, Korn & Zehmer, P.A., Jacksonville, FL, Garth T. Vincent, Munger, Tolles & Olson, LLP, Los Angeles, CA, for Defendant-Appellant.

Harold P. Weinberger, New York City, James W. Middleton, Rogers, Towers, Bailey, Jones & Gay, P.A., Jacksonville, FL, for Plaintiff-Appellee.

Before BIRCH, MARCUS and CUDAHY, Circuit Judges.

BIRCH, Circuit Judge:

In this interlocutory appeal, 1-800 CONTACTS, Inc. ("1-800") argues that the district court erred when it issued a preliminary injunction forbidding 1-800 from making certain statements about the products and services of Johnson & Johnson Vision Care, Inc. ("J&J"). The district court based its injunction on the conclusion that three of the advertisements used by 1-800 included false statements about J&J, and as such violated §...

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