Came across this by chance and thought it was interesting in light of the current marketing wars. Apparently things never change...
CASTROL INC. v. PENNZOIL COMPANY and Pennzoil Products Company.
United States Court of Appeals.
March 1993.
Link: http://bulk.resource.org/courts.gov/c/F2/987/987.F2d.939.92-5353.html
Excerpt:
38 First, Pennzoil asserts that its claims regarding superior engine protection constitute common marketplace "puffery," and thus do not violate the Lanham Act. Puffery is an exaggeration or overstatement expressed in broad, vague, and commendatory language.
39 Such sales talk, or puffing, as it is commonly called, is considered to be offered and understood as an expression of the seller's opinion only, which is to be discounted as such by the buyer.... The "puffing" rule amounts to a seller's privilege to lie his head off, so long as he says nothing specific.
CASTROL INC. v. PENNZOIL COMPANY and Pennzoil Products Company.
United States Court of Appeals.
March 1993.
Link: http://bulk.resource.org/courts.gov/c/F2/987/987.F2d.939.92-5353.html
Excerpt:
38 First, Pennzoil asserts that its claims regarding superior engine protection constitute common marketplace "puffery," and thus do not violate the Lanham Act. Puffery is an exaggeration or overstatement expressed in broad, vague, and commendatory language.
39 Such sales talk, or puffing, as it is commonly called, is considered to be offered and understood as an expression of the seller's opinion only, which is to be discounted as such by the buyer.... The "puffing" rule amounts to a seller's privilege to lie his head off, so long as he says nothing specific.
