Sanders v. Parker Drilling Co‪.‬

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 Cooks 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 magistrates judgment dismissing the Lanham Act claim and dismissing without prejudice the pendent state claims.