Question

Playtex manufactured the market-leading spill proof cup for children, which a child uses by sucking on a spout to cause a valve to open. Gerber introduced its own version and ran ads showing an unnamed competitor’s product and claiming that “Gerber’s patented valve makes our cup more than 50 percent easier to drink from than the leading cup.” Gerber’s claims for the superiority of its cup were backed by tests from an independent laboratory. Playtex said the unnamed cup obviously was its brand and that the superiority claims were false and misleading. Playtex sought an injunction to block the Gerber ads. Would you grant that injunction? Explain.


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  • CreatedOctober 02, 2015
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