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Natalie，在一家西班牙律师事务所的北京办公室担任全职法律翻译，擅长翻译涉及医疗健康领域的法律文件。