PIZZA HUT, INC. v. PAPA JOHN'S INTERN., INC.

No. 00-10071.

227 F.3d 489 (2000)

PIZZA HUT, INC., Plaintiff-Counter Defendant-Appellee, v. PAPA JOHN'S INTERNATIONAL, INC.; Papa John's USA, Inc., Defendants-Counter Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 19, 2000.


Attorney(s) appearing for the Case

Thomas Morrison (argued), Robert Lehburger, Noah Charlson, Patterson, Belknap, Webb & Tyler, New York City, V. Bryan Medlock, Jr., Sidley & Austin, Dallas, TX, Christopher Raymond Green, Luther T. Munford, Phelps Dunbar, Jackson, MS, for Pizza Hut, Inc.

Phillip A. Wittmann (argued), C. Lawrence Orlansky, James Henry Colvin, Jr., Michael Quirk Walshe, Jr., Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, LA, Jon Glen Shepherd, Martin B. McNamara, Gibson, Dunn & Crutcher, Dallas, TX, for Papa John's Intern., Inc. and Papa John's USA, Inc.

Before POLITZ, JOLLY and BARKSDALE, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

This appeal presents a false advertising claim under section 43(a) of the Lanham Act, resulting in a jury verdict for the plaintiff, Pizza Hut. At the center of this appeal is Papa John's four word slogan "Better Ingredients. Better Pizza."

The appellant, Papa John's International Inc. ("Papa John's"), argues that the slogan "cannot and does not violate the Lanham Act" because it is "not a misrepresentation of fact." The appellee...

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