· 10/6/1995
Michael FREEMAN, Plaintiff-Appellant, v. the TIME, INC., Magazine Company, Et Al., Defendants-Appellees
Citations
- 68 F.3d 285
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that reading a promotional mailer “as a whole” 10 dispelled any deceptive or ambiguous statement
- holding that reading flyer as a 23 whole dispelled plaintiff’s allegation that a particular statement was deceptive
- explaining that product packaging should be examined in its full context because it would be unreasonable to cherry-pick discrete statements to prove deception
- affirming dismissal of challenge to sweep- stakes mailer where mailer explicitly said plaintiff would win only if he had winning number
- finding no misrepresentation in part because “[t]he qualifying language appears immediately next to the representations it qualifies and no reasonable reader could ignore it”
- “[T]o state a claim under the [UCL] . . . one need only show that ‘members of the public are likely to be deceived.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Farris, O'Scannlain, Tashima
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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