· 9/19/2000
Pizza Hut, Inc. v. Papa John's International, Inc.
Citations
- 227 F.3d 489
- 56 U.S.P.Q. 2d (BNA) 1246
- 2000 U.S. App. LEXIS 23444
- 2000 WL 1346149
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, where statements are ambiguous or true but misleading, plaintiff must present evidence of actual deception
- holding that slogan alone was non-actionable puffery, though it became actionable when coupled with further representations, as discussed in the next footnote
- holding that claimed superiority of a product is vague and clearly represents an opinion, and is therefore non-actionable puffery
- holding that \Papa John's has given definition to the word 'better' \ by placing the word in the context of ads comparing its own sauce and dough to a competitor's
- stating that “[the] simple statement, ‘Better Pizza,’ epitomizes the exaggerated advertising, blustering, and boasting by a manufacturer upon which no consumer would reasonably rely.”
- finding that even an opinion statement can take on the characteristics of a statement of fact in the context of comparative advertising
Source: CourtListener parenthetical corpus (CC0).
Judges: Politz, Jolly, Barksdale
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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