|reply to Karl Bode |
Re: Where is the ad copy with false claims?
quote:Then again, I'm not an attorney, and my wrong guess is why they get paid so much more than I.
Verizon will probably win the case based on that alone.
A real attorney e-mails me to note:
Burden is very heavy on false advertising claimants. They need to prove not only that the claim was false but then have to provide survey data [an expensive proposition] showing that consumers were actually confused and that it affected their buying decisions. I would say that it is unlikely that this is a serious lawsuit and more a public relations gambit. Unless the advertising is clearly false and highly damaging to Verizon's business such that it would not be able to obtain satisfactory money damages the prospects of a preliminary injunction or TRO are unlikely.