With the explosion of media, it is ever more difficult to figure out the difference between “commercial” and “non-commercial” speech. The answer is extremely important because it usually determines whether one is liable for consumer fraud, false advertising and right of publicity claims. Unfortunately, no bright-line rule for making the distinction between “commercial” and “non-commercial” speech exists, but attorney Barry M. Benjamin of Day Pitney analyzes several key cases to help clarify the issue.
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Posted on Friday, March 16th, 2007. Filed under: Business Law, Law Misc
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