What's the "Best a Man Can Get?" Following the Pizza Hut v. Papa John's battle of the superlatives ("Better Ingredients, Better Pizza"), Schick-Wilkerson Sword has sued Gillette Co. in Connecticut federal court, accusing the Boston company of false advertising in violation of federal and state advertising laws for slogans like "Best a Man Can Get," and "Mach3 is the world's best shave." (Dow Jones Newswire). In a related matter, the companies remain locked in a Boston patent infringement case instituted by Gillette in August over Schick's Quattro razor. If the Pizza Hut dispute -- which was ultimately denied cert from the U.S. Supreme Court in 2001 -- is any indication, this dispute may actually outlast the usefulness of the slogan.
In a side note, Papa John's was successful in the Pizza Hut dispute when the Fifth Circuit reversed and vacated a jury verdict against the pizza maker and remanded with instructions. The Fifth Circuit held that the slogan "Better Ingredients, Better Pizza," standing alone, represented only the typical puffery used in advertising and was a statement of opinion that did not violate advertising laws. For a copy of the Fifth Circuit opinion in the Papa John's case, click here.
Posted by franchiselawblog at October 1, 2003 08:08 PM