- Category
- Client Alerts
- Date
- Sept. 07, 2011
- Title
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Advertising Alert: Pernod Ricard USA, LLC v. Bacardi USA, Inc.: The Third Circuit Adopts the Seventh Circuit's Ruling That Consumer Surveys Cannot Be Used to Alter the Plain Meaning of Clear Advertising Claims
On August 4, the Third Circuit followed the Seventh Circuit’s lead in holding that a court may refuse to consider survey evidence of consumer deception where “the meaning of a factually accurate and facially unambiguous statement” is clear in light of the context in which it is presented, such that no reasonable consumer could be misled by the challenged advertisement. Prior to last month’s decision, the Seventh Circuit had been the only federal appellate court to hold that survey evidence cannot be used to challenge unambiguous advertising claims.
Related People
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Jonathan M. Wagner
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- Partner
- Co-author
- New York
- vcard
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Eileen M. Patt
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- Partner
- Co-author
- New York
- vcard
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