Movie studios can be sued under false advertising laws if they release deceptive movie trailers, a federal judge ruled on Tuesday.
in January, alleging that they had rented the movie after seeing de Armas in the trailer, only to discover that she was cut out of the final film.
But Wilson rejected that argument, finding that a trailer is commercial speech and is subject to the California False Adverting Law and the state’s Unfair Competition Law. In their briefing on the issue, Universal’s lawyers argued that movie trailers have long included clips that do not appear in the finished film. They cited “Jurassic Park” ,Universal also argued that classifying trailers as “commercial speech” could open the door to a parade of lawsuits from dissatisfied filmgoers, who could make a subjective claim that a film did not live up to the expectations created by the trailer.
Wilson sought to address that concern, saying the false advertising law applies only when a “significant portion” of “reasonable consumers” could be misled.
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