Apple iPhone 3G = Major Lawsuits
By brian | Posted on December 20, 2008 | Filed Under Litigation
Administered under the Federal Trade Commission (FTC), the Lanham Trademark Act is most known for covering trademark laws, although there is a small section (section 43(a)) that covers false advertising. To make a false advertisement claim, the courts say that these following elements have to be fulfilled:
1. The defendant must have made a false or misleading statement of fact in advertising.
2. That statement must have actually deceived or had the capacity to deceive a substantial segment of the audience.
3. The deception must have been material, in that it was likely to influence the purchasing decision.
4. The defendant must have caused its goods to enter interstate commerce.
5. The plaintiff must have been or is likely to be injured as a result.
More and more lawsuits have been popping up all around the country arguing that Apple is making false claims in their advertisements for their iPhone 3G. In the commercials, Apple states that this new iPhone will operate twice as fast as the old one. The company has quickly been trying to come out with new software updates for the phone to fix the problem before any serious damages result from these cases, but as of now, here is the best defense Apple’s lawyers have come up with:
“No reasonable person would believe our ads”
Way to go Apple, that’s a great way to build a strong trust relationship with your customers.
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Tags: Apple, False Advertisement, Federal Trade Commission, FTC, iPhone 3G, Lanham Act
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