Whoever wins, we lose

The good news is, Donald Trump or Bill Maher will lose this case. The bad news is, Donald Trump or Bill Maher will win this case:

Donald Trump is filing a lawsuit against Bill Maher for failing to live up to an “unconditional offer” made on NBC’s Tonight Show to donate $5 million to charity if Trump provided a copy of his birth certificate proving that he’s not “spawn of his mother having sex with orangutan.”

We’ll chip in $500 to the charity of Trump’s choice if he actually prevails in court over Maher and collects $5 million.

“Trump would have to prove that Maher’s words and conduct demonstrated, objectively, that he intended to be bound by his statement, and that he was not merely making a joke,” says Dori Ann Hanswirth. “Given the outrageousness of Maher’s statement, the amount of money involved and the fact that his statement was made on a comedy TV show, it seems that Trump has an uphill battle here.”

[…]

perhaps the case that might most demonstrate why Trump is likely to lose is the case ofthe Pepsi Points.

In 1999, John Leonard sued PepsiCo., attempting to get the company to hand over an AV-8 Harrier II jump jet. The advertised “offer” came in the form of a television commercial that showed the big prize for 7 million Pepsi points. Leonard had 15 points and attempted to send Pepsi a certified check for $700,000 — 10 cents a point, per contest rules — to cover the rest.

Pepsi successfully argued that its advertisement was intended to be humorous.

“Plaintiff’s insistence that the commercial appears to be a serious offer requires the Court to explain why the commercial is funny,” wrote a judge. “Explaining why a joke is funny is a daunting task; as the essayist E.B. White has remarked, ‘Humor can be dissected, as a frog can, but the thing dies in the process.’ “

Ultimately, Leonard was deemed to be a loser.

As the judge wrote: “A reasonable viewer would understand such advertisements as mere puffery, not as statements of fact. … The Court rejects plaintiff’s argument that the commercial was not clearly in jest.”

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About Damian P.

Lawyer with Bedford Law, Bedford, Nova Scotia.
This entry was posted in Civil Litigation, Defamation, Entertainment Law, Media, Uncategorized and tagged , , , . Bookmark the permalink.

One Response to Whoever wins, we lose

  1. ebt says:

    I don’t wish to be critical, but don’t you risk being taken as naif when you talk of someone “winning” a law suit? In my experience, one side loses, and the other loses worse. Of course, that may cease to be true at this elevated level.

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