Comment by woodruffw
3 years ago
I think this is a stretch: consumers understand that advertisements for food do not literally represent the material conditions of what they get at Burger King (compare, for example, any number of ridiculous advertisements where the food flies around in front of the camera).
This is different from Tesla (or any other automotive advertiser), where an ad that shows the car driving itself might reasonably be considered a claim that the car can, in fact, drive itself.
New idea: open a pop-up cafe near a law school called "Material Statement of Fact." Run a bunch of advertisements with silly pictures (food flying in the air, tootpicks holding in the lettucs, etc.). Each meal is served exactly as absurd as it is pictured.
I think it'd be a lot of fun for like 2 days.
Don’t forget daily live performances by whatever band’s music is in the background of the ads! Otherwise it could possibly be construed as false advertising, after all.
>This is different from Tesla (or any other automotive advertiser), where an ad that shows the car driving itself might reasonably be considered a claim that the car can, in fact, drive itself.
Everyone knows you can't tow the space shuttle with a Tacoma in any reasonable sense and that only a very skilled driver spending a day taking a crack at it can get a Land Rover up a ski hill in an elegant way.
That won't stop people from playing dumb in order to prop up some farcical point they tried making online and got called out on.
> Everyone knows you can't tow the space shuttle with a Tacoma in any reasonable sense and that only a very skilled driver spending a day taking a crack at it can get a Land Rover up a ski hill in an elegant way.
As someone who lives on a dirt road surrounded by airbnb's near a national park seeing lots of tourist traffic, I think you have an extremely flawed understanding of what "everyone knows" WRT their vehicle's capabilities.
Right! And emphasis on playing dumb: the GP’s argument requires the courts to not understand the difference, when they clearly do.