Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc.

How courts have described this case

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

• noting that, under the Lanham Act, “There is no exemption for labels”
• explaining that literal falsity avoids the need for “costly consumer surveys”
• doctrine of “literal falsity” must take account of fact that “Americans ... say things like T am literally out of my mind.’ ”
• “[T]he meaning of the alleged literal falsehood must be considered in context and with reference to the audience to which the statement is addressed”
• “if no one is or could be fooled, no one is or could be hurt”
• “text must yield to context.”

Source: CourtListener parenthetical corpus (CC0).