Monday, January 22, 2007

Puffery

Love this:

"Literally false statements are distinguishable from puffery, which the Eighth Circuit has defined as 'exaggerated advertising, blustering, and boasting upon which no reasonable buyer would rely and is not actionable' under the Lanham Act...Such non-acitonable puffery includes representations of product superiority that are vague or highly subjective." (Solvay Pharmaceuticals v. Global Pharmaceuticals, 419 F. Supp. 2d 1133).

I never knew puffery was a legal term. They don't even couch it in quotes. Rad.

1 comment:

Anonymous said...

Rad indeed.