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CLOROX CO. PUERTO RICO v. PROCTOR & GAMBLE

No. 99-1608.

228 F.3d 24 (2000)

The CLOROX COMPANY PUERTO RICO, Plaintiff, Appellant, v. The PROCTOR & GAMBLE COMMERCIAL COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 3, 2000.

Attorney(s) appearing for the Case

Armando Lloréns, with whom Dora M. Peñagaríciano and McConnell Valdés were on brief, for appellant.

Harold P. Weinberger, with whom Jonathon M. Wagner, Gabrielle L. Gould, Kramer Levin Naftalis & Frankel, LLP, Pedro J. Santa-Sánchez, and O'Neill & Borges were on brief, for appellee.

Before LYNCH, Circuit Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

"Más blanco no se puede" (Whiter is not possible) was the advertising tag line used by the defendant, the Proctor and Gamble Commercial Company, to sell its detergent, Ace con Blanqueador (Ace with whitener), in Puerto Rico. The Clorox Company Puerto Rico cried foul, complaining that no detergent brings out the white like its chlorine bleach when used with a detergent. Proctor & Gamble modified its pitch, inviting consumers to "Compare...

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