Topic
Puffery
37 published works
ContractsProf Blog
Apple’s Marketing Statements are Non-Actionable Puffery
Plaintiff Alan Vitt’s laptop "crapped out" (term of art) just after the 1-year warranty expired. The crux of his complaint on behalf of all purchasers of the iBook G4: the laptop…
Mass Tort Defense
Federal Court Dismisses Proposed Television Consumer Fraud Class Action
By Sean Wajert
Here's a case of a venerable rule (puffery) and an important new doctrine (Twiqbal) being applied in the context of a troubling trend -- the spate of
DuetsBlog
I’ll Huff and I’ll Puff …
Puffing, according to Black's Law Dictionary, is defined as: The expression of an exagerrated opinion -- as opposed to a factual representation -- with the intent to sell a good…
ContractsProf Blog
Follow-up on Pizza Hut, Inc. v. Papa John’s International, Inc.
Last week, my video-savvy colleague posted a Domino's Pizza commercial in which Domino's crows about the results of a recent national taste test and slams Papa John's for engaging in…
ContractsProf Blog
Pizza Puffery? The best commercial ever.
What's puffery? The best commercial ever? Check it out: [Meredith R. Miller h/t Isaac Samuels, best Research Assistant ever, and that's not puffery]
The Trademark Blog
More People Find This Post On Puffery Informative
NY Times article on puffery and truthfulness in advertising claims. Prior posts on puffery here and here.
The Trademark Blog
8th Circuit on America's Favorite Puffery
AMERICA'S FAVORITE PASTA is non-falsifiable puffery, not a falsifiable claim subject to false advertising (and the Court doesn't need survey evidence to make that finding). Last line of decision: the Lanham…