Cook, Perkiss & Liehe, Inc. v. Northern California Collection Service Inc.

Appellant Cook, Perkiss & Liehe appeals the decision of a United States Magistrate acting pursuant to 28 U.S.C. § 636(c) granting appellees’ motion to dismiss for failure to state a claim for false advertising under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). We agree with the magistrate that Cook’s complaint does not state a claim for relief under the Lanham Act because, as a matter of law, the alleged misrepresentations contained in the appellees’ advertisement are merely “puffery.” We therefore affirm the magistrate’s judgment dismissing the Lanham Act claim and dismissing…