Ana De Armas fans say the trailer tricked them.
to proceed over Universal’s objections. The ruling finds trailers are commercial speech advertising the content of a film and not, as Universal argued, artistic expression that receives full First Amendment protections., a romantic comedy about a man who wakes up in a world where The Beatles never existed, then shoots to superstardom by appropriating their songs.
In its defense, Universal argued the lawsuit would “open the floodgates” to cases from moviegoers who felt deceived by a trailer in more subjective ways. It’s not uncommon for trailers to feature scenes that were left on the cutting room floor or never included in the first place; asfootage from the film. Studios have also fought more ambiguous legal claims about trailers, like a complaint that the Ryan Gosling filmwas falsely advertised as having more car chases.
But the ruling is sympathetic to a central argument that trailers are intended to promote a movie, comparing them to product commercials rather than simply short expressive films. Under that logic, it says, an appearance from a star like de Armas could be misleading if she doesn’t appear in the film. The fact that she’s depicted as part of a love triangle distinguishes her from a “fleeting background extra” or a cameo, backing up fans’ claims that they could reasonably expect to see her.
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