SCOTTS CO. v. UNITED INDUSTRIES CORP.

Nos. 02-1738, 02-1739 and 02-1775.

315 F.3d 264 (2002)

The SCOTTS COMPANY, Plaintiff-Appellee, v. UNITED INDUSTRIES CORPORATION, Defendant-Appellant, and Pursell Industries, Defendant. The Scotts Company, Plaintiff-Appellee, v. Pursell Industries, Defendant-Appellant, and United Industries Corporation, Defendant. The Scotts Company, Plaintiff-Appellee, v. United Industries Corporation, Defendant-Appellant, and Pursell Industries, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided December 23, 2002.


Attorney(s) appearing for the Case

ARGUED: Dudley William Von Holt, Thompson Coburn, L.L.P., St. Louis, Missouri, for Appellant. Jeffrey Stuart Sutton, Jones, Day, Reavis & Pogue, Columbus, Ohio, for Appellee. ON BRIEF: Mark Sableman, James W. Erwin, Thompson Coburn, L.L.P., St. Louis, Missouri; Dabney J. Carr, IV, Troutman Sanders, Richmond, Virginia, for Appellant United; Robert M. Tyler, McGuire Woods, L.L.P., Richmond, Virginia, for Appellant Pursell. Michael Y. Scudder, Jr., Jones, Day, Reavis & Pogue, Columbus, Ohio; Robert M. Rolfe, Stephen P. Demm, John Gary Maynard, III, Kimberley A. Isbell, Hunton & Williams, Richmond, Virginia, for Appellee.

Before TRAXLER, KING, and GREGORY, Circuit Judges.


Vacated and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge KING and Judge GREGORY joined.

OPINION

TRAXLER, Circuit Judge.

The Scotts Company sued Pursell Industries and United Industries (together, the "defendants"), claiming that the packaging of the defendants' "Vigoro" brand crabgrass-control product conveyed certain false messages to consumers. The district court granted a preliminary injunction in favor of Scotts...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases