Legal Opinion
Incarcerated Entm't, LLC v. CNBC LLC
District Court, D. Delaware
Decided August 2, 2018No. Civil Action No. 18-480PublishedCited by 5 opinions
1Opinion of the CourtKearney, District Judge
A television network advertising a show purporting to describe the "true" story of disputed historical events must be careful to not misrepresent the specifics of its show so as to mislead the consumer concerning its product. Summarizing an argument or opinion offered within the show is different than a statement made about a show as a product such as its length, characters or producers. When the advertisement represents the show as the "true story" of disputed historical events as specifically stated in the show and is motivated by significant economic benefits, it is commercial speech…
2Cases cited28 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Sandra Connelly v. Lane Construction CorpCourt of Appeals for the Third Circuit · 2016
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
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3Cited by5 opinions
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- Cooper v. BellasalmaDistrict Court, D. Delaware · 2025
- EIS Inc. v. IntiHealth Ger GmbHDistrict Court, D. Delaware · 2020
- HEARTREPRENEUR, LLC v. JONESDistrict Court, E.D. Pennsylvania · 2020
- Registered Agent Solutions, Inc. v. Corporation Service CompanyDistrict Court, D. Delaware · 2022