97 votes

Why can't advertisers say 'Super Bowl'?

There is a general belief that a term being trademarked means that it's illegal to use the term without permission from the trademark holder, but that is false. It is illegal only if it is done in a ...
Acccumulation's user avatar
34 votes
Accepted

Can legal action reasonably be taken against someone unsavory for endorsing your product/company?

My question is, does the company have any legal action they can reasonably take against the unsavory person? No. Free speech entitles someone to endorse anything they want. Defamation is an exception ...
ohwilleke's user avatar
  • 213k
31 votes
Accepted

What might be illegal about a company using deceptive phone calls to establish a contract and seeking payments under it?

Given that this is a UK based company, the most applicable Act would be the Unsolicited Goods and Services Act 1971 A person who, not having reasonable cause to believe there is a right to ...
Richard's user avatar
  • 4,095
28 votes
Accepted

Is it illegal to market a product as if it would protect against something, while never making explicit claims?

In the EU this could constitute a misleading advertisement under Article 3 of the Misleading and comparative advertising directive: In determining whether advertising is misleading, account shall be ...
Dmitry Grigoryev's user avatar
26 votes

Is it illegal to market a product as if it would protect against something, while never making explicit claims?

Specifically it can be legal in the United States, where commercial speech (speech made in order to elicit business transactions) is not as strongly protected as political speech (speech containing ...
hszmv's user avatar
  • 23k
23 votes

Am I allowed to use images from sites like Pixabay in my YouTube videos?

As far as copyright goes... Pixabay: Yes (with minor exceptions) Pixabay's license is quite broad, and allows for unattributed commercial use with a small number of exceptions. You can't "use ...
Ryan M's user avatar
  • 10.3k
18 votes

Threatening to discontinue a service for a client

This is perfectly fine, unless you have a contract which states that they must continue to provide free service until a certain date. If anything, they're doing the right thing by notifying you that ...
Luck's user avatar
  • 559
18 votes

Is it illegal to market a product as if it would protect against something, while never making explicit claims?

This would be illegal in australia The Australian Consumer Protection law prohibits “misleading and deceptive conduct in trade or commerce”. This statement is misleading and probably deceptive. When ...
Dale M's user avatar
  • 209k
17 votes

Clicking ads as a form of protest or boycott

No, it's not illegal... Ads are shown as a contract between the site that hosts it and the advertising company. The contract does not stipulate that customers need to buy something, in fact, the ...
Trish's user avatar
  • 39.4k
16 votes

What might be illegal about a company using deceptive phone calls to establish a contract and seeking payments under it?

In the USA, when a creditor tries to collect a debt, the presumed-debtor may demand proof that they actually owe the debt, and that the creditor holds the debt. This can be satisfied by signed ...
abelenky's user avatar
  • 3,146
13 votes
Accepted

Why are manufacturers allowed to make false claims about memory capacity of thumbdrives?

It's not the manufacturers who are wrong. Your definitions of KB, MB, and GB are incorrect. See, for example, NIST. The numbers they are using are not "rounded down," they are the proper standardized ...
cpast's user avatar
  • 23.9k
13 votes

Can legal action reasonably be taken against someone unsavory for endorsing your product/company?

Not directly, but in the situation you describe, there are a number of secondary options: The restaurant can refuse service to anyone for any reason that is not discriminatory against a protected ...
Kevin's user avatar
  • 4,649
11 votes

Is it legal to describe something exactly as "cheese" without asterisks or other qualification if it doesn't contain any dairy?

I'll limit my answer to the specific example in the question: our cheese is made of 100% plant ingredients This is not false advertising or a deceptive trade practice. It is legal. This is because ...
ohwilleke's user avatar
  • 213k
10 votes

Threatening to discontinue a service for a client

Extortion is a threat to do something unlawful While threats to do something that's harmful for you are a key component of extortion, those threats generally (there are additional, separate ...
Peteris's user avatar
  • 2,199
8 votes

Can a restaurant or retailer be held to "posted" prices?

Under the law of common law contracts, posting a price is an invitation to treat and is not binding. However, in many jurisdictions, there may be (probably is) statutory consumer protection law that ...
Dale M's user avatar
  • 209k
8 votes

How can a restaurant, Old Homestead Steakhouse, continue their false claims of selling Kobe beef?

It isn't obvious that one must be certified to advertise your product as "Kobe Beef" in the United States. The designation "Kobe Beef", in theory, is supposed to operate a lot like a trademark, but it ...
ohwilleke's user avatar
  • 213k
8 votes

Threatening to discontinue a service for a client

This actually happens all the time and isn't considered extortion. Essentially, this is nothing more or less than a free service getting monetized after a while. This happens many times per year. For ...
Nzall's user avatar
  • 1,197
7 votes
Accepted

Putting up a "we're closing!" sign illegal?

The jurisdiction does matter. Generally, at the national level, the Federal Trade Commission prohibits deceptive advertising. From the FTC's website, "Advertising FAQ's: A Guide for Small ...
Dave D's user avatar
  • 5,595
7 votes

Clicking ads as a form of protest or boycott

Legalities aside... You will most likely achieve the opposite with an interesting side effect. The campaign will prove to be very effective (as per the number of clicks), but the side owner may be ...
Anonymous's user avatar
7 votes

Am I allowed to use images from sites like Pixabay in my YouTube videos?

It Depends, but Probably Not You may not make copies of someone else's copyright images without permission. Even more, you may not use such images to help you make money without permission. Sites such ...
David Siegel's user avatar
7 votes
Accepted

Is it a felony or crime to publish prices of supermarkets on our website?

It is not illegal to publish prices which are publicly displayed. They have too little creative content to be copyrighted and they aren't trade secrets since they aren't secret.
ohwilleke's user avatar
  • 213k
7 votes

Can legal action reasonably be taken against someone unsavory for endorsing your product/company?

As a more direct case, maybe the prominent Neo-Nazi bigot is constantly seen frequenting Arby's, leading to people protesting/boycotting Arby's. england-and-wales In this particular scenario, the ...
JBentley's user avatar
  • 8,296
6 votes

What might be illegal about a company using deceptive phone calls to establish a contract and seeking payments under it?

What aspects of this operation are illegal? As described, none of it is legal, it’s a scam. The crime is fraud. Could any of these verbal agreements be enforceable? No.
Dale M's user avatar
  • 209k
5 votes

Can a restaurant or retailer be held to "posted" prices?

It depends on where exactly in the world you are. In the United Kingdom, you cannot force the shop to trade at the advertised price. They can claim that they made a mistake and refuse. However, ...
gnasher729's user avatar
5 votes
Accepted

Is it legal for an apartment manager to put advertisement stickers on my mail?

If the sticker is not easily removable, it would likely fall under defacement of the mail which is illegal according to 18 U.S. Code § 1705 - Destruction of letter boxes or mail: Whoever willfully ...
animuson's user avatar
  • 4,295
5 votes

Am I allowed to use images from sites like Pixabay in my YouTube videos?

Don't risk it I am (or have been) a semi-professional photographer, so I have some background information that I think you might find useful. In general, it's even riskier than David Siegel says in ...
Software Engineer's user avatar
5 votes

Is it necessary to explicitly disclaim warranties on "private" sales?

germany Yes, such clauses are common and useful. § 437 BGB describes the rights of the buyer in case of defects, such as reducing the purchase price, demanding cure, or revoking the contract. But ...
amon's user avatar
  • 23.9k

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