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Dispute Resolution Keyed to Carbonneau, 8th Ed.
AMF Inc. v. Brunswick Corp.
Citation:
621 F. Supp. 456 (1985)Facts
AMF and Brunswick are competitors in the manufacture of bowling equipment. In 1983, they settled prior litigation with an agreement that required any future disputes involving “data based comparative superiority” advertising claims to be submitted to the National Advertising Division (NAD) of the Council of Better Business Bureaus for a non-binding advisory opinion. In 1985, Brunswick published advertisements in Bowler’s Journal claiming its “Armor Plate 3000” synthetic bowling lanes were superior to wood lanes (which AMF manufactured), stating that “continuing independent research projects” supported claims of durability. When AMF requested Brunswick submit the research data to NAD as required by their agreement, Brunswick refused, claiming the advertisement did not fall within the terms of their settlement agreement.
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