- Bacardi made false or misleading statements as to his own product [or another's];
- there is actual deception or at least a tendency to deceive a substantial portion of the intended audience;
- the deception is material in that it is likely to influence purchasing decisions;
- the advertised goods travel in interstate commerce; and
- there is a likelihood of injury to the Pernod in terms of declining sales, loss of good will, etc.
"indicates that the words themselves have meaning beyond the subjective inferences of any individual reader of listener. Words, malleable though they may be over time, must still, of necessity, be repositories of commonly accepted meaning at any given point in time. Were it otherwise, ordinary discourse would be impossible...while they lack the precision of numbers, words must, as nearly as possible, be accorded an objectively reasonable meaning if law is to have any fair claim as an instrument of justice."
"never before has survey research been used to determine the meaning of words, or to set the standard to which objectively verifiable claims must be held."
"Before a defendant or a district judge decides that an advertisement could not mislead a reasonable person, serious care must be exercised to avoid the temptation of thinking, "my way of seeing this is naturally the only reasonable way." Thoughtful reflection on potential ambiguities in an advertisement, which can be revealed by surveys and will certainly be pointed out by the plaintiffs, will regularly make it the wisest course to consider survey evidence."
"Bacardi applauds the appellate court's decision which reaffirms that Bacardi has accurately portrayed both the geographic origin an Cuban heritage of our Havana Club rum."
"The Court seems to be substituting its own view over that of consumers."
"We are determined to continue to fight for fair competition in the United States market where ownership of the ‘Havana Club' trademark dates back to 1976.”