in the united states court of appeals for the fifth circuit no 00 10071 pizza hut inc plaintiff counter defendant appellee versus papa john s international inc papa john s ...
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...In the united states court of appeals for fifth circuit no pizza hut inc plaintiff counter defendant appellee versus papa john s international usa defendants claimants appellants from district northern texas dallas september before politz jolly and barksdale judges e grady judge this appeal presents a false advertising claim under section lanham act resulting jury verdict at center is four word slogan better ingredients appellant argues that cannot does not violate because it misrepresentation fact when viewed context overall campaign conveys statement actionable after evaluating responses to series special interrogatories denying motion judgment as matter law entered stating considered light entirety post may which violated provisions was juxtaposed with misleading statements contained print broadcast media itself became tainted extent its continued use should be enjoined we conclude standing alone an objectifiable upon consumers would justified relying thus while utilized connection ...