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PROCTER & GAMBLE CO. v. ULTREO, INC.

No. 07 Civ. 8379 (RJS).

574 F.Supp.2d 339 (2008)

The PROCTER & GAMBLE COMPANY, Plaintiff, v. ULTREO, INC., Defendant.

United States District Court, S.D. New York.

August 28, 2008.

Attorney(s) appearing for the Case

Harold Keith Gordon, Esq., Theresa M. Gillis, Esq., and Laura W. Sawyer, Esq., Jones Day, New York, NY, and Danielle M. Hohos, Esq., and John B. Williams, Esq., Washington, DC, for Plaintiff The Procter & Gamble Company.

Anthony DiSarro, Esq., and Lina M. Viviano, Esq., Winston and Strawn LLP, New York, NY, Kimball Richard Anderson, Esq., Lisa J. Parker, Esq., and Stephen P. Durchslag, Esq., Winston and Strawn LLP, Chicago, IL, and Marc C. Levy, Esq., Faegre & Benson LLP, Denver, CO, for Defendant Ultreo, Inc.

MEMORANDUM AND ORDER

RICHARD J. SULLIVAN, District Judge:

Plaintiff The Procter and Gamble Company ("P & G"), the manufacturer of Oral B toothbrushes and dental care products, brings this action against defendant Ultreo, Inc. ("Ultreo"), creator and manufacturer of the Ultreo toothbrush. P & G contends that Ultreo has made false and misleading advertising claims with respect to the ultrasound component of the Ultreo toothbrush. Specifically, P &...

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