|02-09-2013, 07:50 PM||#23|
Hall Of Fame
Join Date: Apr 2007
Location: Staten Island
To establish that an advertisement is false, a plaintiff must prove five things: (1) a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity;
(2) the statement either deceives or has the potential to deceive a substantial portion of its targeted audience;
(3) the deception is also likely to affect the purchasing decisions of its audience;
Yes, racket companies know this well.
(4) the advertising involves goods or services in interstate commerce;
and (5) the deception has either resulted in or is likely to result in injury to the plaintiff. The most heavily weighed factor is the advertisement's potential to injure a customer. The injury is usually attributed to money the consumer lost through a purchase that would not have been made had the advertisement not been misleading. False statements can be defined in two ways: those that are false on their face and those that are implicitly false.
Shmels illegal to me.
Pure Control Tour: leather+og, 5g lead up top, 16L poly @ 52lbs = 12.68oz
Last edited by Anton : 02-09-2013 at 08:09 PM.