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PROCTER & GAMBLE CO. v. CHESEBROUGH-POND'S INC.

Nos. 195, 240, Dockets 84-7549, 84-7569.

747 F.2d 114 (1984)

The PROCTER & GAMBLE COMPANY, Plaintiff-Appellee, Cross-Appellant, v. CHESEBROUGH-POND'S INC., Defendant-Appellant, Cross-Appellee. CHESEBROUGH-POND'S INC., Plaintiff-Appellant, Cross-Appellee, v. The PROCTER & GAMBLE COMPANY and Benton & Bowles, Inc., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 30, 1984.

Attorney(s) appearing for the Case

James R. Phelps, Washington, D.C. (Thomas J. Donegan, Jr., Hyman, Phelps & McNamara, P.C., Washington, D.C., Proskauer, Rose, Goetz & Mendelsohn, New York City, Arnold I. Friede, Greenwich, Conn., of counsel), for Chesebrough-Pond's Inc.

Harold P. Weinberger, New York City (Geoffrey M. Kalmus, Greg A. Danilow, Steven E. Greenbaum, Kramer, Levin, Nessen, Kamin & Frankel, New York City, Thomas R. Hillhouse, Cincinnati, Ohio, of counsel), for Procter & Gamble Co. and Benton & Bowles, Inc.

Before MANSFIELD, MESKILL and KEARSE, Circuit Judges.

MANSFIELD, Circuit Judge:

Comparative television advertising on a national scale by manufacturers claiming superiority for their products over competing brands has magnified the risk of competitive harm from false advertising and has led to the proliferation of suits by competitors alleging violations of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). See, e.g., Coca-Cola Co. v. Tropicana Products, Inc., 690 F.2d 312

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