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FRUIT OF THE LOOM, INC. v. SARA LEE CORP.

No. 86 Civ. 6287 (RO).

674 F.Supp. 1020 (1986)

FRUIT OF THE LOOM, INC. and Union Underwear Company, Inc., Plaintiffs, v. SARA LEE CORPORATION, d/b/a Hanes Knitwear, Defendant.

United States District Court, S.D. New York.

Amended Memorandum and Order October 9, 1987.

Attorney(s) appearing for the Case

Nims, Howes, Collison & Isner, New York City, Oliver P. Howes, Jr., William R. Hansen, of counsel, for plaintiffs.

Townley & Updike, New York City, James B. Swire, John Paul Reiner, of counsel, for defendant.

OPINION AND ORDER

OWEN, District Judge.

Plaintiffs Fruit of the Loom and Union Underwear Co. move to enjoin a thirty-second television commercial. According to defendant Hanes (a division of Sara Lee Corporation), the commercial truthfully states that Fruit of the Loom T-shirts shrink thirty-eight percent more than Hanes T-shirts. Fruit of the Loom does not take issue with the shrinkage percentage relationship between the two T-shirts. Rather, it contends...

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