AVIS RENT A CAR SYSTEM, INC. v. HERTZ CORP.

No. 85-7692.

782 F.2d 381 (1986)

AVIS RENT A CAR SYSTEM, INC., Plaintiff-Appellee, v. The HERTZ CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 3, 1986.


Attorney(s) appearing for the Case

Douglas D. Broadwater, New York City (Thomas D. Barr, Kathleen L. Beggs, Alan B. Vickery, Cravath, Swaine & Moore, Lane & Mittendorf, New York City, of counsel), for defendant-appellant.

Steven J. Stein, New York City (Barry G. Felder, Steven M. Kayman, Anita J. Zigman, Proskauer Rose Goetz & Mendelsohn, New York City, of counsel), for plaintiff-appellee.

Before FRIENDLY, TIMBERS and PRATT, Circuit Judges.


FRIENDLY, Circuit Judge.

Avis Rent A Car System, Inc. ("Avis"), plaintiff in this action in the District Court for the Eastern District of New York claiming false advertising under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a),1 has long proclaimed to the world that it is Number 2 in the car rental business. Defendant, The Hertz Corporation ("Hertz"), has just as loudly proclaimed that it is Number 1. The two giants have found...

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