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The Clorox Company, Plaintiff-Counter-Defendant-Appellant v. Sterling Winthrop, Inc. Reckitt & Colman, Inc.

Citations: 117 F.3d 50; 43 U.S.P.Q. 2d (BNA) 1161; 1997 U.S. App. LEXIS 15362; 1997 WL 349899Docket: 1041

Court: Court of Appeals for the Second Circuit; June 26, 1997; Federal Appellate Court

Narrative Opinion Summary

The case involves Clorox Company's appeal against a summary judgment favoring Sterling Winthrop, Inc. and Reckitt Colman, Inc., pertaining to antitrust claims under the Sherman Antitrust Act. The dispute centers on a 1987 settlement agreement involving the PINE-SOL and LYSOL trademarks, which Clorox argues unlawfully restricts competition. Clorox contends that the agreement hinders its ability to compete in markets dominated by LYSOL by imposing limitations on the use and marketing of PINE-SOL products. However, the court found that the agreement does not significantly impede competition, as it merely regulates trademark use without imposing illegal restraints like price fixing or market division. The court applied the rule of reason to assess the agreement's market effects, concluding that Clorox failed to show any competitive harm. The judgment emphasized that antitrust laws protect overall competition, not individual competitors, and that trademark agreements are generally permissible if they serve a legitimate purpose. Consequently, the court affirmed the district court's decision, ruling that Clorox did not provide sufficient evidence to prove an antitrust violation.

Legal Issues Addressed

Antitrust Laws and Consumer Protection

Application: The court highlighted the primary goal of antitrust laws to protect competition rather than individual competitors, making it difficult for Clorox to establish an antitrust violation.

Reasoning: Antitrust laws aim to protect consumers by prohibiting agreements that unreasonably restrain competition.

Application of Rule of Reason in Antitrust Analysis

Application: The court applied the rule of reason to evaluate whether the 1987 Agreement between Clorox and Sterling imposed unreasonable restraints on competition.

Reasoning: Therefore, a 'rule of reason' analysis is appropriate for evaluating the evidence related to this agreement, as most cases do not fall under the narrow categories deemed illegal per se.

Burden of Proof in Antitrust Claims

Application: The court emphasized that Clorox must demonstrate that the 1987 Agreement adversely affects competition in the relevant market to succeed in its antitrust claim.

Reasoning: A plaintiff alleging antitrust injury must first demonstrate that the challenged action adversely affects competition in the relevant market.

Legitimacy of Trademark Agreements

Application: The court recognized that trademark agreements can help reduce consumer confusion and avoid litigation, which are valid trademark purposes.

Reasoning: The court emphasizes that trademark agreements are generally viewed favorably, as they help reduce consumer confusion and avoid litigation.

Trademark Agreements and Antitrust Laws

Application: Trademark agreements are generally permissible under antitrust laws unless they impose prohibited restraints like market division or price fixing.

Reasoning: Trademark agreements that divide markets are illegal per se under antitrust laws... However, the agreement in question regulates a competitor's use of a competing mark rather than imposing prohibited restraints like price fixing or market division.