Pierce v. Hobart Corp.

How courts have described this case

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

• concluding that where a portion of the survey population may have held extrinsic beliefs prior to viewing an advertisement, a control mechanism \would likely be indispensable\
• explaining that a plaintiff raising a claim of implied falsity must establish \that a not insubstantial number of consumers\ are likely to be confused or misled (internal quotation marks omitted)
• listing factors to be used in determining whether an advertisement is likely to mislead or confuse public, not literal falsity
• appropriate question is “what does the public perceive the message to be?” and is usually answered by a consumer survey
• “the success of a plaintiffs implied falsity claim usually turns on the persuasiveness of a consumer survey”
• “[T]he success of a plaintiffs implied falsity claim usually turns on the persuasiveness of a consumer survey.”

Source: CourtListener parenthetical corpus (CC0).