· 10/7/1992
Castrol, Inc. v. Quaker State Corporation, Quaker State Oil Refining Corporation, and Grey Advertising, Inc.
Citations
- 977 F.2d 57
- 24 U.S.P.Q. 2d (BNA) 1838
- 1992 U.S. App. LEXIS 25726
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, in a comparative advertising case, a statement is literally false if the evidence affirmatively shows that the defendant’s product is not, as claimed, superior to the plaintiffs product
- holding that a claim of superiority was false when defendants’ tests were shown to not be sufficiently reliable and that the same test does not apply to plaintiffs evidence to rebut the claim
- holding that, in a comparative advertising case, a statement is literally false if the evidence affirmatively shows that the defendant’s product is not, as claimed, superior to the plaintiff’s product
- holding that a claim of superiority was false when defendants' tests were shown to not be sufficiently reliable and that the same test does not apply to plaintiff's evidence to rebut the claim
- holding that, in a comparative advertising case, a statement is literally false if the evidence affirmatively shows that the defendant = s product is not, as claimed, superior to the plaintiff = s product
- holding that when “defendant’s ad explicitly or implicitly represents that tests or studies prove its product superior, plaintiff satisfies its burden by showing that the tests did not establish the proposition for which they were cited”
Source: CourtListener parenthetical corpus (CC0).
Judges: Miner, Walker, Pollack
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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