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AMERICAN HOME PRODUCTS CORP. v. JOHNSON & JOHNSON

Nos. 645, 847, Dockets 77-7503, 77-7527.

577 F.2d 160 (1978)

AMERICAN HOME PRODUCTS CORP., Plaintiff-Appellant-Cross-Appellee, v. JOHNSON & JOHNSON, Defendant-Appellee, and McNeil Laboratories, Inc., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 1, 1978.

Attorney(s) appearing for the Case

Michael J. Sweedler, New York City (Morris Relson, S. Peter Ludwig, Darby & Darby, P. C., William C. Woods, Carol Farhi, New York City, of counsel), for plaintiff-appellant-cross-appellee.

David F. Dobbins, New York City (George S. Frazza, Catherine R. Nathan, Gene M. Bauer, Patterson, Belknap, Webb & Tyler, New York City, of counsel), for defendant-appellee-cross-appellant.

Before LUMBARD and OAKES, Circuit Judges, and WYZANSKI, District Judge.

OAKES, Circuit Judge:

Comparative advertising in which the competing product is explicitly named is a relatively new weapon in the Madison Avenue arsenal.1 These cross-appeals by two of the leading manufacturers of analgesics — pain relief tablets — raise questions regarding the permissible boundaries of this novel approach to consumer persuasion. The parties appeal from an order of the United States District Court for the...

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