mcneil-p.c.c., Inc. v. Bristol-Myers Squibb Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• where an advertisement is shown to be literally false, the court may enjoin it without reference to consumer confusion
• where an advertisement is shown to be literally false, the court may enjoin it without reference to consumer confusion
• irreparable harm may be presumed where an advertisement falsely proclaims the superiority of defendant’s product
• If “the advertising claim is shown to be literally false, the court may enjoin the use of the claim without reference to the advertisement’s impact on the buying public.”
• “Where the advertising claim is shown to be literally false, the court may enjoin the use of the claim without reference to the advertisement’s impact on the buying public.” (internal quotation marks and citations omitted)

Source: CourtListener parenthetical corpus (CC0).