Comparative Advertising (law) and Broccoli, Scallop and Linguine Toss (recipes)

Comparative Advertising (law)

Comparative advertising is the use of another companys trademark in order to compare that companys products with its own. Whether or not comparative advertising qualifies as trademark infringement or dilution is governed by those bodies of law. If, for instance, an ad does not carefully delineate the competitors mark from its own, and thereby creates a likelihood of consumer confusion, then the use of the mark is infringing. But, where there is no consumer confusion, or dilution, direct claims about another companys product are allowed (if the claims are true, of course). For example, Hudson Pharmaceutical Co. was allowed to copy certain elements from the package and label of METAMUCIL, and to state that its own product, REGACILIUM, was equivalent to METAMUCIL. However, Hudson was required to print the word equivalent in at least as large of letters as the mark METAMUCIL, to place a next to the term METAMUCIL, and to state that METAMUCIL was made by G.D. Searle and that Searle did not make or license REGACILIUM. G.D. Searle & Co. v. Hudson Pharm. Corp., 715 F.2d 837, 839 (3rd Cir. 1983). Similarly, SECOND CHANCE perfume was allowed to state in its materials that it was equivalent to CHANEL No. 5 perfume. Smith v. Chanel, Inc., 402 F.2d 562, 563 (9th Cir. 1968).

Broccoli, Scallop and Linguine Toss (recipes)

Broccoli, Scallop and Linguine Toss

Yield: Makes 4 servings

Scallops are ideal for a healthy diet. They are low in calories (about 100 calories for one 3-ounce serving), low in fat (about 1 g) and moderate in cholesterol (about 40 mg).

Ingredients:

3/4pound uncooked fresh or frozen scallops

2medium onions, cut in half lengthwise and sliced

1cup apple juice

2tablespoons dry white Wine

2cloves garlic, minced

2teaspoons dried marjoram

1teaspoon dried basil

1/4teaspoon black pepper

3cups broccoli florets

1/4cup water

1tablespoon plus 1 teaspoon cornstarch

1-1/2cups chopped seeded fresh tomatoes

1/4cup grated Parmesan cheese

4cups hot cooked linguine

Preparation:

1.Cut large scallops into 1-inch pieces. Combine onions, apple juice, Wine, garlic, marjoram, basil and pepper in large skillet, bring to a boil over high heat. Add broccoli; return to a boil. Reduce heat to medium-low. Cover and simmer 7 minutes; add scallops. Return to a boil; reduce heat. Cover and simmer 1 to 2 minutes or until scallops are opaque. Remove scallops and Vegetables; set aside.2.Combine water and cornstarch in small bowl; stir into mixture in skillet. Cook and stir over medium heat until mixture boils and thickens. Cook and stir 2 minutes more. Stir in tomatoes and cheese; heat through. Return scallops and Vegetables to skillet; heat through. Toss mixture with linguine.

Nutritional Information:

Serving Size: 2 cups

Sodium

309 mg

Protein

22 g

Fiber

4 g

Carbohydrate

33 g

Cholesterol

33 mg

Saturated Fat

1 g

Total Fat

4 g

Calories from Fat

13 %

Calories

248

Dietary Exchange:

Vegetable

1-1/2

Fruit

1/2

Starch

1

Meat

2

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