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Re: So Bruce are the statements made by Cooper consistent with the letter of the law?

Well, he's right that Section 143(a) of the Lanham Act prohibits, essentially, false advertising.

But we go right back to the question of what is "false" in the ad. Although there seems to be some uncertainty as to the exact text of the E-Bay ad, I have not heard anyone say that it said "new" or "new in box" or anything that I would interpret as being a "new" product that would be covered by the manufacturer's warranty. And I think just about everyone knows that most manufacturer's warranties are not transferrable--for all kinds of products.

So, I don't see any support for the idea that the seller of what apparently was clearly identified as a "used" product (albeit very slightly used) has a duty to affirmatively state that the product is not covered by the manufacturer's warranty.

A more interesting question might be raised by the occasional ad that says "new in box" or "unopened box." I would be a lot more sympathetic to Mr. Cooper's position if the product had been advertised as "new in box" or new--something; but my understanding is that the word "new" was nowhere to be found in the ad.

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  • Re: So Bruce are the statements made by Cooper consistent with the letter of the law? - Bruce from DC 12:49:47 02/25/04 (0)
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