· 2/3/1986
Avis Rent a Car System, Inc. v. The Hertz Corporation
Citations
- 782 F.2d 381
- 54 U.S.L.W. 2456
- 228 U.S.P.Q. (BNA) 849
- 1986 U.S. App. LEXIS 22059
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the commercial and textual contexts of a challenged advertisement are relevant to a determination of literal falsity under the Lanham Act.
- discussing the importance of context and viewing the advertisement in its entirety when determining literal falsity
- unfair advertising claim requires fact finder to consider advertisement in its entirety, like a mosaic, and not in separate pieces
- courts consider an advertisement in its entirety and do not engage in “disputatious 22 dissection”
- \Fundamental to any task of interpretation is the principle that text must yield to context.\
- “Fundamental to any task of interpretation is the principle that text must yield to context.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Friendly, Timbers, Pratt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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