Case Study: Pernod V. Bacardi

Law360, New York (September 14, 2011, 5:19 PM EDT) -- 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 this decision, the Seventh Circuit had been the only federal appellate court to hold that survey evidence cannot be used to challenge unambiguous advertising...
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