Tabberone is pronounced tab ber won |
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Clorox Co. Puerto Rico v. Proctor & Gamble,
228 F.3d 24 (1st Cir. 2000)
PLAINTIFF: The Clorox Company Puerto Rico complained that no detergent brings out the white like its chlorine bleach when used with a detergent. DEFENDANT : "Mas blanco no se puede" (Whiter is not possible) was the advertising tag line used by Proctor and Gamble, to sell its detergent, Ace con Blanqueador (Ace with whitener), in Puerto Rico. Clorox sued, alleging that the advertisements were false and misleading in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). After Clorox moved for a preliminary injunction, the district court dismissed the false advertising claim sua sponte. Court of Appeals concluded that Clorox had stated a claim under § 43(a) of the Lanham Act, and vacated the dismissal and remanded to the district court for further proceedings. |