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Thursday, December 22, 2022

Lawsuit Alleging False Advertising in Movie Trailer Allowed to Proceed


Even if you are a fan of actress Ana de Armas, it is probably a safe bet to say you are not as big a fan as the two fans of the Blonde, Knives Out, and No Time to Die actress who sued Universal for false advertising when Ana de Armas did not appear in the 2019 film Yesterday despite appearing in the movie’s trailer.  On December 20, 2023, a California judge allowed parts of a lawsuit accusing Universal of false advertising to proceed, ruling that a movie trailer "constitutes commercial speech" and is not entitled to broad protection under the First Amendment.

 

As background, in 2019, Universal released a trailer for its romantic comedy Yesterday, a film that involved a musician waking up one morning to discover no one had ever heard of The Beatles.  He becomes rich and famous by introducing the music of The Beatles into the world and claiming to be its own.  He, of course, has a love interest in the film, but the trailer also showed actress Ana de Armas playing a character who would complicate that relationship.
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