S.C. JOHNSON & SON, INC., Plaintiff-Appellee, v. THE CLOROX COMPANY, Defendant-Appellant., 241 F.3d 232

Summary

Plaintiff corporation brought an action against defendant corporation alleging false advertising under 15 U.S.C.S. § 1125(a), following defendant's commercial and print advertisement depicting an allegedly false portrayal of plaintiff's product. The district court issued a permanent injunction to plaintiff, holding that defendant's advertisement was literally false under 15 U.S.C.S. § 1125(a), and that plaintiff showed irreparable harm sufficient to support an injunction. Defendant appealed, claiming that the district court erred in finding that its advertisement was literally false, and that the injunction was not specific or definite enough. The court affirmed, holding that the district court properly found defendant's advertisement to be literally false under 15 U.S.C.S. § 1125(a), and that the permanent injunction was specific and definite enough to apprise those within its scope of the conduct that was being proscribed.