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American Italian Pasta Company v. New World Pasta Company

371 F.3d 387 (2004)

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American Italian Pasta Company v. New World Pasta Company

United States Court of Appeals for the Eighth Circuit
371 F.3d 387 (2004)

SC

Facts

American Italian Pasta Company (American) (plaintiff) used the phrase “America’s Favorite Pasta” on its packaging. New World Pasta Company (New World) (defendant) sent American a cease-and-desist letter, demanding that it stop using the phrase because it violated the Lanham Act. American filed suit for a declaratory judgment declaring that its use of the phrase was puffery and thus did not violate the Lanham Act. The district court granted American summary judgment. New World appealed.

Rule of Law

Issue

Holding and Reasoning (Riley, J.)

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