Legal Opinion
Avis Rent a Car System, Inc. v. The Hertz Corporation
Court of Appeals for the Second Circuit
Decided February 3, 1986No. 85-7692PublishedCited by 69 opinions
1Opinion of the Court
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 themselves locked in hostile embrace as a result of a print advertisement that Hertz published in March and April 1984. 2
The advertisement was an eye-catcher. It began…
2Cases cited13 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Cabell v. MarkhamCourt of Appeals for the Second Circuit · 1945
- Markham v. CabellSupreme Court of the United States · 1946
- The Coca-Cola Company v. Tropicana Products, Inc.Court of Appeals for the Second Circuit · 1982
8 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Abbott Laboratories v. Mead Johnson & CompanyCourt of Appeals for the Seventh Circuit · 1992
- Time Warner Cable, Inc. v. DirecTV, Inc.Court of Appeals for the Second Circuit · 2007
- Tiffany (NJ) Inc. v. eBay Inc.Court of Appeals for the Second Circuit · 2010
- Ppx Enterprises, Inc., Mod Music, Inc., and J.H. Records, Inc., Ppx Enterprises, Inc. v. Audiofidelity Enterprises, Inc. And Dante J. PuglieseCourt of Appeals for the Second Circuit · 1987
- Pizza Hut, Inc. v. Papa John's International, Inc.Court of Appeals for the Fifth Circuit · 2000
64 more not listed; retrieve them via the Exa API.