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Intellectual Property
Trademark Infringement
Lanham Act

Church & Dwight Co. Inc. v. The Clorox Company

Published: Mar. 5, 2011 | Result Date: Feb. 2, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 1:11-cv-00092-DAB Bench Decision –  Withdrawn without prejudice

Court

SD New York


Attorneys

Plaintiff

Alexander Kaplan

Lawrence I. Weinstein


Defendant

Rick Kurnit

Terri Seligman


Facts

Church & Dwight Co. Inc. filed a lawsuit against Clorox Co. over its cat litter.

Contentions

PLAINTIFF'S CONTENTIONS:
Church & Dwight claimed that Clorox's advertisement for its Fresh Step cat litter disparaged its Arm & Hammer Super Scoop cat litter. The complaint further alleged that Clorox's ad misled consumers by showing that cats refused to use litter boxes containing Super Scoop, and instead preferred boxes containing Clorox's Fresh Step. It further challenged Clorox's references to "lab tests," which Church & Dwight contended Clorox relied upon to support an alleged claim of cat preference. The complaint alleged, however, that "cats do not talk."

Result

Clorox discontinued the challenged advertisement, and subsequently, Church & Dwight dismissed the complaint against Clorox.


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