fool’s test

fool’s test. The test formerly used by federal courts and by the Federal Trade Commission to determine whether an advertisement is deceptive, by asking whether even a fool might believe it. • The name comes from Isaiah: “wayfaring men, though fools, shall not err therein.” The test was announced in Charles of the Ritz Distrib. Corp. v. Fed. Trade Comm’n, 143 F.2d 676 (2d Cir. 1944). It was replaced by a “reasonable consumer” test by the FTC in 1984. Cf. REASONABLE-CONSUMER TEST. [Cases: Copyrights and Intellectual Property 12(1).]

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词条贡献者

译者Christina，毕业于世界顶级翻译学院，擅长翻译各种与反垄断与不正当竞争诉讼相关的法律文件。