Topic
Puffery
37 published works
AdLaw By Request®
Does this new shirt make my claims look less puffy?
By John P. Feldman, Courtney E. Fisher
Claims that a product is “revolutionary,” “never before seen,” or providing a solution to an unsolved problem can be sometimes cavalierly regarded as puffery. We often find ourselves warning clients…
Product Liability & Mass Torts Blog
Not Another Puff Piece: The Difference Between Puffery and False Advertising
By Malerie Ma Roddy, Steven E. Swaney
Have you eaten “America’s Favorite Pasta”[1] or received a “record-breaking” [2] footbag with your fast-food meal? While these products may seem to have little in common, they have a shared…
Ad Law Access
NAD Opines on “Favorite” Claims
The line between what’s an objective claim (which does require proof) and puffery (which does not require proof) isn’t always clear, and reasonable minds can differ as to on which…
All About Advertising Law
To Be an Ad or Not to Be an Ad: That is the Question
By Matthew S. Renick, Leonard L. Gordon
You want to start taking supplements, so you turn to a guide containing consumer reviews. Is the guide just a collection of advertisements? Last month, the Southern District of California…
All About Advertising Law
Let’s Get This “Local” Bread!
By Leonard L. Gordon, Liz Clark Rinehart
Bimbo Bakeries and U.S. Bakery recently found out that consumer confusion, like politics, is local, and that "local" means what the local consumer says it means. Let's unbraid this loaf.…
All About Advertising Law
Recent NAD Decision Largely Rejects Puffery Defenses and Consumer Testimonials that Disparage Competition
It seems like we (and the NAD) can't get enough of "best." In a recent case, the National Advertising Division (NAD) ruled that the advertiser, Mahindra USA, Inc., could not…
Chicago IP Litigation
Unique & Innovation are Unactionable Puffery
Loggerhead Tools, LLC v. Sears Holdings Corp., No. 12-CV-9033, Slip Op. (N.D. Ill. Sep. 20, 2016) (Darrah, J.). Judge Darrah granted defendant Sears’ summary judgment motion regarding the Lanham Act…
Chicago IP Litigation
“Unique” & “Innovative” are Unactionable Puffery
Loggerhead Tools, LLC v. Sears Holdings Corp., No. 12-CV-9033, Slip Op. (N.D. Ill. Sep. 20, 2016) (Darrah, J.). Judge Darrah granted defendant Sears’ summary judgment motion regarding the Lanham Act…
Healthcare Law Insights
Branding 101 – Should puffery be avoided in healthcare advertising?
Healthcare is a highly competitive market. Healthcare companies are hiring marketing teams to lure customers to their facility. This will invariably require making statements regarding the quality of your services…
DuetsBlog
The World’s Healthiest Trademark Puffery
By Steve Baird®
Above the Law recently published a Techdirt story reporting that the USPTO denied Whole Foods' attempt to federally-register the laudatory trademark: "World's Healthiest Grocery Store". The Techdirt story incorrectly seems…