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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.