Tabberone is pronounced tab ber won |
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This information is taken directly from the court opinion. It is not taken out of context nor is it altered. |
In Clorox Co. Puerto Rico v. Proctor & Gamble, 228 F.3d 24 (1st Cir. 2000) the court stated: |
Whether an advertisement is literally false is typically an issue of fact. See Mead Johnson & Co. v. Abbott Labs., 209 F.3d 1032, 1034
(7th Cir. 2000) (denying petition for rehearing and amending prior panel opinion). At least two factual questions must be answered in evaluating the accuracy
of any particular advertisement. First, a factfinder must determine the claim conveyed by the advertisement. See United Indus. Corp.,
140 F.3d at 1181 (applying clearly erroneous standard to review of district court's factual determination regarding the claim conveyed by an advertisement
for roach bait); Johnson & Johnson v. GAC Int'l, Inc., 862 F.2d 975, 979 (2d Cir. 1988). Once the claim made by the advertisement has been
determined, the factfinder must then evaluate whether that claim is false. See Castrol, 987 F.2d at 944.
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