To recap, here, in April 2009, Schering-Plough's lawyers filed a federal suit in Delaware District Court -- against Neutrogena, and its Ultrasheer® products advertising -- claiming that some of the sunscreens marketed by Neutrogena made "literally false" comparative claims about some of the Coppertone® products sold by Schering-Plough, constituting arguable violations of the federal Lanham Act (which Act prohibits false advertisements through channels of interstate commerce -- like print and TV ads). J&J's Neutrogena unit then answered and filed a counter-claim, seeking an injunction of its own -- against some of Schering's Coppertone ads. That one is still pending.
Overnight though, Judge Sue L. Robinson, a very able federal trial judge, sitting in the US District Court, for the Delaware District, issued her memorandum opinion denying (as I broadly-hinted she would) Schering-Plough's request for a preliminary injunction -- a request to halt some of J&J's Neutrogena advertising. Take a look (as ever, click to enlarge):
. . . .Denied. . . .
Ouch. I would guess Schering-Plough spent between $500,000 and $1,000,000 on lawyers, and experts -- just to get essentially nowhere, on this. It sure looks like it was simply a jab in J&J's eye, for not playing ball on the Remicade/Simponi "change of control" matter -- now in pending arbitration.
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