Dave000

Types of False Advertising

Today's regulations define three main acts that constitute false advertising: failure to disclose, flawed and insignificant research, and product disparagement. The majority of these regulations are outlined in the Lanham Act of 1946 (15 U.S.C.A. § 1051 et seq), which contains the statutes that govern trademark law in the United States.
Failure to Disclose It is considered false advertising under the Lanham Act if a representation is "untrue as a result of the failure to disclose a material fact." Therefore, false advertising can come from both misstatements and partially correct statements that are misleading because they do not disclose something the consumer should know. The Trademark Law Revision Act of 1988, which added several amendments to the Lanham Act, left creation of the line between sufficient and insufficient disclosure to the discretion of the courts.
 
What is the ad? "an upgrade" What's in the upgrade? Everything listed in the ad.... 
Was it "disclosed" that you don't get anything in the ad? No! 

Anyway the poster in #47 may have a point..
TRADEMARK law 
 
You'd probably do much better by getting legal advice than copy/paste from the internet . Might cost a little more than the Platinum fee unfortunately...

Dave000The Trademark Law Revision Act of 1988, which added several amendments to the Lanham Act, left creation of the line between sufficient and insufficient disclosure to the discretion of the courts.

Which, with all respect, is why what you're claiming won't go anywhere. A lawyer for any defendant would simply need to show two things to the satisfaction of the judge:
 
1. That the majority of consumers understand the difference between purchasing an upgrade of a software product vs. a first-time purchase of a software product.
2. That it is unreasonable for a consumer to expect that a product advertised as an "upgrade" would give everything the consumer making a first-time purchase would receive, despite costing 30% of the price. Otherwise, the first time user would simply buy the upgrade, get all the features anyway, and pocket the difference.
 
I believe the judge would grant a summary judgement based on the merits of the case. Whether the judge would require the plaintiff to pay court costs would probably depend on how the judge was feeling that day

Dave, have you tried golf?

BRainbow
Dave, have you tried golf?

or lithium ...  I'm sorry, that wasn't called for.  

BRainbow
Dave, have you tried golf?

He means golf™, not to be confused with mini-golf™, crazy-golf™, frisbee golf™ or any other golf™ that may be implicated.
 
The Doktor™
 

I think Dave has been pretty respectful for the most part. Maybe amazingly so since he has been alone for the most part. I think he is "technically" correct on some of this. Something you learn after being married for awhile is, "being right is overrated". Of all the Sonar activity since January no one else has noticed or cares. I know I don't. Another marriage thing is asking myself,"am I willing to die on this hill"?  I am not even willing to get a blister on this one.
 

There is a lot more at play with this really, but to sum up the crux of it => if you purchased an upgrade, you have Melodyne Essential (not were given "another" but that you have it).
 
For people who upgraded from, say X1 producer, they were "made whole" (in fact ALL upgraders are made whole to that list). The licensing behind the scenes was mentioned earlier. There is no verbiage anywhere that says "get another" so any "false advertising" point is moot... you have everything on that list (or should call technical support).
 
I guess I should look into similar against the car companies that never delivered the half-naked babe draped across the hood... I *assumed* I got her too!!!

remove the gobbler reference maybe?

I think Dave should get on with it and file a lawsuit. You know, show us how serious he really is.

mettelus
 
 
I guess I should look into similar against the car companies that never delivered the half-naked babe draped across the hood... I *assumed* I got her too!!!

And when you went to buy the car did they tell you "before" you buy the car that the girl does not come with the car? ;) lol