Partner August Horvath recently analyzed a decision by the Ninth Circuit Court of Appeals affirming dismissal of a case alleging that calling a soft drink a “diet” soda communicates consumers that you are selling a weight-loss product. As August notes, Judge Orrick and the Ninth Circuit panel understood the need to review advertising and marketing claims using common-sense understanding of what words mean in context. In so doing, they recognized that the claims of deception alleged by plaintiffs’ counsel were implausible.
What does all this have to do with space aliens? Read here.