Castrol, Inc. v. Pennzoil, 977 F.2d 57 (1992) p.640

SUBJECT

false representation

FACTS

Castrol alleged that Pennzoil had misleading advertisement, which state that Pennzoil "out performs any leading motor oil against viscosity breakdown" and it has "longer engine life and better engine protection."

RATIONAL

Assertions were literally false, thereofre no need to prove consumer confusion. The test Pennzoil relied on to prove superiority were no the tests generlaly relied on by the industry. In fact, one of the industry's tests proved that Castrol was better than Pennzoil.

Puffery is an exaggeration or overstatement expressed in broad, vague, and commednatory language, which is allowed. Penzoil did not used puffery, but rather false representations because their claim is both specific and measurable by comparative research.

Created on: Thursday, March 16, 2000 at 18:34:01 (PST)