OPINION OF THE COURT SCIRICA, Circuit Judge. This dispute arises from an advertising war between major competing producers of over-the-counter antacid remedies. Plaintiff/appellant Johnson Johnson-Merck Consumer Pharmaceuticals Company (“Johnson-Merck”) alleges that television commercials by defendanVappellee Rhone-Poulenc Rorer Pharmaceuticals, Inc. (“Rorer”), about ■ its product Extra Strength Maa…
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