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Active: 7554 users

False Advertising - How is this legal?

Blogs > SixStrings
Post a Reply
1 2 3 Next All
SixStrings
Profile Blog Joined August 2013
Germany2046 Posts
Last Edited: 2014-11-15 23:59:40
November 15 2014 23:54 GMT
#1
Let's say I want to publish a book and to give it more credence, I call myself professor, while never having achieved any academic title. I could defend this by saying 'Well, I wear glasses, so all my friends call me 'the professor' anyway, so I'm really just using my pseudonym'.

If you're from Europe, you will probably assume that's illegal, right?
I'm assuming that stuff is pretty normal in the US, because consumer protection and foot labelling isn't really a thing, but American corporate liberalism isn't really the topic here.

A couple of days ago, I lost my headphones, so I went into the store to listen to new ones and to later buy the ones I like for cheaper at Amazon. It doesn't matter which ones I chose, but a pair of the ones I didn't choose were called 'Beats by Dr. Dre'.

I didn't pick them because they sounded awful, looked flashy and weren't exactly comfortable, but I was curious about the high price and the person who lend his name to them.

Surely his doctor title must be relevant to the product, right?
I figured he would be some renowned sound engineer whose degree comes from the realm of physics, so I looked him up.

Many of you, especially Americans, probably know this already, but I was really surprised to find out that he is in fact just a rapper.

Can anyone give me even an approximate legal explanation as to how this isn't fraud or at the very least false advertising? How can you use an academic title you don't have to push your product?

Edit: Now, I'm not saying that his credentials aren't impressive and I don't want to imply that because his 'title' is just a stage name he isn't qualified to produce a product. Certainly if you produced music for the wealthiest rap artists in the industry you understand what people want, I just don't understand how he can legally sell his products under EU trade law.

***
Chairman Ray
Profile Blog Joined December 2009
United States11903 Posts
November 15 2014 23:57 GMT
#2
I'm not legally a Chairman of anything. I just like to sit.
CosmicSpiral
Profile Blog Joined December 2010
United States15275 Posts
November 16 2014 00:14 GMT
#3
0/5 or 5/5, I can't choose.
WriterWovon man nicht sprechen kann, darüber muß man schweigen.
WaveofShadow
Profile Blog Joined April 2010
Canada31495 Posts
November 16 2014 00:17 GMT
#4
On November 16 2014 08:57 Chairman Ray wrote:
I'm not legally a Chairman of anything. I just like to sit.

I always assumed you were a member of the Communist party.
twitch.tv/waveofshadow ||| Winner of AHGL's So You Think You Can Cast! ||| Juicy Dad for lyfe ||| 'idk i get a kick out of stupid things' - Jarms Yarng
Chairman Ray
Profile Blog Joined December 2009
United States11903 Posts
November 16 2014 00:18 GMT
#5
On November 16 2014 09:17 WaveofShadow wrote:
Show nested quote +
On November 16 2014 08:57 Chairman Ray wrote:
I'm not legally a Chairman of anything. I just like to sit.

I always assumed you were a member of the Communist party.


I guess I falsely advertised
MtlGuitarist97
Profile Blog Joined July 2011
United States1539 Posts
Last Edited: 2014-11-16 00:52:06
November 16 2014 00:51 GMT
#6
edit... wrong thread
ZigguratOfUr
Profile Blog Joined April 2012
Iraq16955 Posts
November 16 2014 00:55 GMT
#7
False advertisement is certainly a problem, but I don't really think that's an instance of it. They're not trying to mislead anyone, they're just getting the endorsement of a rapper.
MysteryMeat1
Profile Blog Joined June 2011
United States3292 Posts
November 16 2014 01:18 GMT
#8
On November 16 2014 09:18 Chairman Ray wrote:
Show nested quote +
On November 16 2014 09:17 WaveofShadow wrote:
On November 16 2014 08:57 Chairman Ray wrote:
I'm not legally a Chairman of anything. I just like to sit.

I always assumed you were a member of the Communist party.


I guess I falsely advertised


you do have nice chairs
"Cause ya know, Style before victory." -The greatest mafia player alive
Slaughter
Profile Blog Joined November 2003
United States20255 Posts
Last Edited: 2014-11-16 01:45:42
November 16 2014 01:42 GMT
#9
He can do it because that is his stage name (since like the 1980s) and everyone in the US knows who the hell Dr. Dre is. Its not false advertising. Also you seem to think we don't have food labels lol?
Never Knows Best.
Falling
Profile Blog Joined June 2009
Canada11583 Posts
November 16 2014 01:57 GMT
#10
Dr Dre is just following in the footsteps of Dr Seuss.
Dr Seuss- original rhythm and rhyme and all rappers follow his flow.
Moderator5000 of our finest Taliban warriors have been released! Rise up my brothers. Mashalla! al-Donald ibn-Frederick al-Masih allows it.
Yoav
Profile Joined March 2011
United States1874 Posts
November 16 2014 02:49 GMT
#11
I admit I still twitch a little at seeing "Lady Gaga" in print. But only a little.
DefMatrixUltra
Profile Blog Joined June 2009
Canada1992 Posts
November 16 2014 03:20 GMT
#12
I would give you 5/5, but the fact is you can get a doctorate in Communications. So no one intelligent respects the title without knowing its context in the first place.
batsnacks
Profile Blog Joined April 2014
United States4466 Posts
November 16 2014 03:28 GMT
#13
Those headphones are advertised as "beats by dre" not "beats by dr. Dre." I've seen those ads.

You already knew his stage name was dr. dre.
iVLosK!
Profile Joined December 2012
Djibouti545 Posts
November 16 2014 05:10 GMT
#14
On November 16 2014 08:54 SixStrings wrote:
Many of you, especially Americans, probably know this already, but I was really surprised to find out that he is in fact just a rapper.

Can anyone give me even an approximate legal explanation as to how this isn't fraud or at the very least false advertising? How can you use an academic title you don't have to push your product?



I don't want to change the subject or anything but... have you ever been diagnosed with Autism, OP?
Gut verloren, etwas verloren; Ehre verloren, viel verloren; Mut verloren, alles verloren.
tar
Profile Joined October 2010
Germany991 Posts
Last Edited: 2014-11-16 09:46:44
November 16 2014 09:46 GMT
#15
On November 16 2014 12:28 batsnacks wrote:
Those headphones are advertised as "beats by dre" not "beats by dr. Dre." I've seen those ads.

You already knew his stage name was dr. dre.


well, they are not, at least not in Germany. Here the trademark is: beats by dr.dre

With regard to the OP: Assuming this blog is real, the short legal explanation would be as follows:

Advertisement is "illegal" under European law if it is either untrue and/or misleading, both with regard to the product and its qualities.

The gauge for this is the average consumer and how he perceives the advertisement.

Applying those principles, the advertisement is "legal" since the brand is by dr.dre (thus true) and the average consumer would not relate the "dr." in dr.dre with the qualities of the product because on one hand dr.dre is a well known artist and on the otherhand the trademark usually is not an indication for the qualities of the product itself.

As an example for the latter: in Germany there is a milk called "Bärenmarke" (roughly translated as Bear brand). Obviously, neither is the milk made by bears nor does any average consumer think so.
whoever I pick for my anti team turns gosu
Salazarz
Profile Blog Joined April 2012
Korea (South)2591 Posts
November 16 2014 10:24 GMT
#16
On November 16 2014 18:46 tar wrote:
Show nested quote +
On November 16 2014 12:28 batsnacks wrote:
Those headphones are advertised as "beats by dre" not "beats by dr. Dre." I've seen those ads.

You already knew his stage name was dr. dre.


well, they are not, at least not in Germany. Here the trademark is: beats by dr.dre

As an example for the latter: in Germany there is a milk called "Bärenmarke" (roughly translated as Bear brand). Obviously, neither is the milk made by bears nor does any average consumer think so.


I'd drink the hell out of bear milk, damn
GeckoXp
Profile Blog Joined June 2013
Germany2016 Posts
November 16 2014 10:51 GMT
#17
On November 16 2014 18:46 tar wrote:

As an example for the latter: in Germany there is a milk called "Bärenmarke" (roughly translated as Bear brand). Obviously, neither is the milk made by bears nor does any average consumer think so.


что???

I bought BÄRENMARKE cause of strong animal and thought gain power from the bear. I fell victim to fraudulent advertising. BLEAT
tar
Profile Joined October 2010
Germany991 Posts
November 16 2014 11:42 GMT
#18
On November 16 2014 19:51 GeckoXp wrote:
Show nested quote +
On November 16 2014 18:46 tar wrote:

As an example for the latter: in Germany there is a milk called "Bärenmarke" (roughly translated as Bear brand). Obviously, neither is the milk made by bears nor does any average consumer think so.


что???

I bought BÄRENMARKE cause of strong animal and thought gain power from the bear. I fell victim to fraudulent advertising. BLEAT


Considering this is how their bear looks like, I am not sure what powers you were expecting + Show Spoiler +
[image loading]
whoever I pick for my anti team turns gosu
aike
Profile Blog Joined July 2010
United States1629 Posts
November 16 2014 12:41 GMT
#19
On November 16 2014 20:42 tar wrote:
Show nested quote +
On November 16 2014 19:51 GeckoXp wrote:
On November 16 2014 18:46 tar wrote:

As an example for the latter: in Germany there is a milk called "Bärenmarke" (roughly translated as Bear brand). Obviously, neither is the milk made by bears nor does any average consumer think so.


что???

I bought BÄRENMARKE cause of strong animal and thought gain power from the bear. I fell victim to fraudulent advertising. BLEAT


Considering this is how their bear looks like, I am not sure what powers you were expecting + Show Spoiler +
[image loading]

These 2 posts made the blog so worth
Wahaha
GeckoXp
Profile Blog Joined June 2013
Germany2016 Posts
November 16 2014 13:07 GMT
#20
On November 16 2014 20:42 tar wrote:
Show nested quote +
On November 16 2014 19:51 GeckoXp wrote:
On November 16 2014 18:46 tar wrote:

As an example for the latter: in Germany there is a milk called "Bärenmarke" (roughly translated as Bear brand). Obviously, neither is the milk made by bears nor does any average consumer think so.


что???

I bought BÄRENMARKE cause of strong animal and thought gain power from the bear. I fell victim to fraudulent advertising. BLEAT


Considering this is how their bear looks like, I am not sure what powers you were expecting + Show Spoiler +
[image loading]


It is of double baertrayal. Not only name is confusing, but also the logo is of cheating. Never to trust advertisment again.

[image loading]
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