No False Advertising! Ana de Armas’ Absence From ‘Yesterday’ Flick Puts Trailers Under Legal Spotlight
-lead romcom that featured de Armas as a love interest. Both fans soon after rented the film about a musician who wakes up knowing all the Beatles songs in a world where the Beatles never existed. One catch : de Armas was nowhere to be found in the picture.“I think the audience did not like the fact that his eyes even strayed,” screenwriter Curtis toldin 2019 of Patel’s Jack Malik and why de Armas’ Roxanne character, plus the subplot surrounding her was left on the cutting room floor.
That may be the artistic and narrative reason, and that’s fair. However, Woulfe and Rosza felt conned by the presence of de Armas in thetrailer, and didn’t like being taken for suckers. “Defendant’s advertising and promotion of the movieDespite the Comcast-owned studio and their Munger Tolles and Olson attorneys’ best effort to put this lawsuit in the past, Judge Wilson agreed with a lot of where the plaintiffs and their army of lawyers were coming from.
“In sum, Universal has pointed to no non-commercial speech that could be intertwined with the trailer and, the inextricably intertwined exception to the commercial speech doctrine does not apply,” he wrote yesterday in an advancement of the matter to discovery and potential class certification. “Thus, because Plaintiffs have plausibly alleged that the trailer is false, commercial speech, Plaintiffs may proceed with their claims without offending the First Amendment.
Though Judge Wilson also made a point of saying in his ruling that “the Court’s holding is limited to representations as to whether an actress or scene is in the movie, and nothing else,” his ruling could complicate things in the loosey-goosey galaxy of trailers With this example far from the first time a Hollywood movie trailer has featured someone ultimately not in or barely in a film or even footage not from the pitched picture, the big picture rub here is that the hyperbole visually,...
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