This case involves a dispute between Pharmacia and GlaxoSmithKline Consumer HealthCare on a trademark product intended to help people to stop smoking cigarettes.
Pharmacia, trademark product was called Nicotrol, a patch that can be worn sixteen hour at a time and GlaxoSmithKline Consumer HealthCare two trademark product were called NicoDerm CQ, a skin patch that could be worn and Nicorette a nicotine gum that that can be chewed whenever (2009, p. 249)
Conversely, the problem aroused when GlaxoSmithKline Consumer HealthCare aired two commercials ad, the first commercial, Revised Tough Decision, that feature a consumer contemplating to buy Nicorette or Nicotrol. Giving the customer a choice of nicotine gum that can be used whenever the customer need it or a patch that can be worn for sixteen hours a day only. In other words, the advertisement questions Pharmacia ending result of flexibility. In my opinion, the punch line of the commercial was “So much for flexibility” and the customer chooses Nicorette. The second commercial, Revised Smart Choice that contrasts NicoDerm and Nicotrol based on several criteria involving consumer preference. For instance, each products feature a three-step program; NicoDerm alone offers...
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...injunctive relief against the advertisements of their close competitors” (2009, p. 250-251). In other word,
Finally, in litigation, a challenger can allege an implied claim without a survey under the necessary implication doctrine, but to do so effectively will require a tight fit between the actual words and images used in the ad copy. For this reason, the court grants Pharmacia's motion to enjoin GlaxoSmithKline from airing "Revised Smart Choice" because the commercial makes false claim.
Halbert, T., & Ingulli, E. (2009). Law and ethics in the business environment, p.248-251. OH: Cengage Learning
Miller, R. K. (2010, September/October). Advertiser liability for “implied” claims in lanham act false advertising cases. p.1. Retrieved from http://www.arnoldandporter.com/resources/documents/Arnold&PorterLLP_IPLitigator.Sept-Oct2010.pdf
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