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`BREATHASURE' NAME BARRED.


Byline: Staff and Wire Services

WESTLAKE Westlake, city (1990 pop. 27,018), Cuyahoga co., NE Ohio, a suburb of Cleveland; inc. as a city 1956. A growing city, its various manufactures include ink and plastics.  VILLAGE - Westlake Village-based Breath Asure Inc., a maker of tiny breath capsules, lost a battle with drug industry giant Warner-Lambert Co. this week.

The 3rd U.S. Circuit Court of Appeals ruled Wednesday Wednesday: see week.  that Warner- Lambert Lambert may refer to
  • Lambert of Maastricht, bishop, saint, and martyr
  • Lambert Mieszkowic, son of Mieszko I of Poland
  • Lambert McKenna, Irish scholar, Editor and Lexicographer.
 could be harmed by the continued use of the BreathAsure name on certain products, including ingestible capsules that Breath Asure Inc. marketed as an ``internal breath freshener.''

``The name falsely tells the consumer that he or she has assurance of fresher breath when ingesting one of the defendant's capsules,'' the three- judge panel said in its ruling.

Breath Asure officials say they might file an appeal to the ruling. If the decision stands, the company would be barred from calling its top-selling capsules BreathAsure.

Anthony Raissen, Breath Asure's executive vice president, said he was baffled by the ruling, but that his company will continue business as usual.

``If we can't refer to our capsules as BreathAsure, that doesn't does·n't  

Contraction of does not.
 mean we can no longer sell our capsules,'' Raissen said. ``We're not quite sure what we're going to do from a creative standpoint The Standpoint is a newspaper published in the British Virgin Islands. It was originally published under the name Pennysaver, largely as a shopping-coupon promotional newspaper, but since emerged as one of the most influential sources of journalism in the .''
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2000, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Business
Publication:Daily News (Los Angeles, CA)
Geographic Code:1USA
Date:Feb 12, 2000
Words:183
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