product dropped significantly more than non-infringed product during entire fiscal year ending July 1983). 30 . Id. at 526 (quoting Bangor Punta Operations, Inc. v. Universal Marine Co., Ltd., 543 F.2d 1107, 1110-11 (5th Cir.1976) (further quotations omitted)). 31 . Id. 32 . 222 F.3d 1262 (10th Cir.2000). 33 . Id. at 1274 n. 9. 34 . Id. (emphasis added). 35 . 859 F.Supp. 1521 (S.D.N.Y.1994). 36 . Id. at 1536 (quoted and adopted in Proctor & Gamble I, 222 F.3d at 1274). This language was quoted in Instruction No. 18. 37 . 275 F.3d 996 (10th Cir.2002). 38 . Id. at 1004-05 (quoting Gordon & Breach, 859 F.Supp. at 1536 (quoted in Proctor & Gamble Co., 222 F.3d at 1274)). See also Instruction No. 18, quoted below (using same language) (emphasis added). 39 . 86 F.3d 1379. 40 . Id. at 1387 (<HOLDING>). 41 . 984 F.Supp. at 795-96. 42 . The Lanham
holding that design and presentation of materials to only a few of approximately 70 independent bottlers did not constitute merely isolated individual statements of opinion by a single sales representative to a single customer and therefore were sufficiently disseminated to relevant purchasing public to constitute commercial advertising or promotion holding that the fact that defendants sales in forum were less than 5 percent of its total sales volume was irrelevant so long as its sales were part of a regular course of dealing and were not isolated or exceptional events holding opinion testimony of sales should have been excluded because opinion not based on comparable sales holding that isolated criminal acts by unknown assailants resulting in theft of personal property and minor injury were not sufficiently severe to constitute persecution holding that isolated criminal attacks do not constitute persecution