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AMERICAN ITALIAN PASTA CO. v. NEW WORLD PASTA CO.

No. 03-2065.

371 F.3d 387 (2004)

AMERICAN ITALIAN PASTA COMPANY, Appellee, v. NEW WORLD PASTA COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 7, 2004.

Attorney(s) appearing for the Case

Forrest A. Hainline, III, argued, San Francisco, CA (Brent N. Coverdale, on the brief), for appellant.

William R. Hansen, argued, New York, NY (Thomas H. Van Hoozer, on the brief), for appellee.

Before RILEY, RICHARD S. ARNOLD, and MELLOY, Circuit Judges.

RILEY, Circuit Judge.

"America's Favorite Pasta"-Commercial puffery or factual claim?

American Italian Pasta Company (American) sued New World Pasta Company (New World), seeking a declaratory judgment that American's use of the phrase "America's Favorite Pasta" does not constitute false or misleading advertising under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B) (2000). New World counterclaimed, asserting American's use of "America's Favorite...

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