OPINION OF THE COURT
McKEE, Circuit Judge.
Warner-Lambert Company sued BreathAsure, Inc. under § 43(a) of the Lanham Act based upon Warner-Lambert's belief that the trade names, "BreathAsure" and "BreathAsure-D," for certain of defendant's breath fresheners constituted a false and misleading claim that gave BreathAsure an unfair advantage in the sale of those products, and injured Warner-Lambert in the sale of its breath freshening products. On the...
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