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CARTER-WALLACE, INC. v. PROCTER & GAMBLE COMPANY

No. 25280.

434 F.2d 794 (1970)

CARTER-WALLACE, INC., a corporation, Appellant, v. The PROCTER & GAMBLE COMPANY, The Procter & Gamble Distributing Company, the Procter & Gamble Manufacturing Company, A. B. C. Market Corp., and Oliver Drug Company, corporations, Appellees.

United States Court of Appeals, Ninth Circuit.

November 10, 1970.

Attorney(s) appearing for the Case

Warren L. Kern, Richard A. Wallen, of Harris, Kiech, Russell & Kern, Los Angeles, Cal., Louis Kunin, and V. T. Giordano, of Von Maltitz, Derenberg, Kunin & Janssen, New York City, for appellant.

Richard E. Sherwood, Ralph W. Dau of O'Melveny & Myers, Los Angeles, Cal., Thomas S. Calder and John E. McDowell, of Dinsmore, Shohl, Coates & Deupree, Cincinnati, Ohio, for appellees.

Before HAMLEY and KILKENNY, Circuit Judges, and LEVIN, District Judge.

GERALD S. LEVIN, District Judge.

This is an action for unfair competition and common law trademark infringement arising from defendant's1 alleged infringement of plaintiff's2 personal deodorant slogan, "Use ARRID * * * To Be Sure" and its variant, "To Be Sure," used in connection with plaintiff's advertising of its personal deodorant under the trademark ARRID.

Plaintiff's Amended and Supplemental Complaint...

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