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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


Pizza Hut v. Papa John's, 227 F.3d 489 (5th 2000)

PLAINTIFF: Pizza Hut is a wholly owned subsidiary of Tricon Global Restaurants with over 7000 restaurants. Pizza Hut is the largest pizza chain in the United States.

DEFENDANT : Papa John's was started in 1984 by John Schnatter. Papa John's has grown to over 2050 locations, making it the third largest pizza chain in the United States

In 1997, Pizza Hut and Papa John's squared off in a national advertising campaign. In November 1997, Pizza Hut filed a complaint regarding Papa John's "Better Ingredients. Better Pizza." advertising campaign with the National Advertising Division of the Better Business Bureau, an industry self-regulatory body. This complaint, however, did not produce satisfactory results for Pizza Hut. On August 12, 1998, Pizza Hut filed a civil action in the United States District Court for the Northern District of Texas. At the center of this case was Papa John's four word slogan "Better Ingredients. Better Pizza." A jury trial was held in October 1999.

The jury found for Pizza Hut on all issues and the District Court assessed damages. The Court of Appeals found that the slogan, standing alone, was not an objectifiable statement of fact upon which consumers would be justified in relying, and thus not actionable under section 43(a) and that Pizza Hut had failed to show that consumers were actually swayed by the slogan and reversed the decision in favor of Papa John's.

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