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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.