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Old 01-31-2009, 09:13 PM   #51
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Default Re: I'm almost in tears! Please help!

Sea otter is not underwater pet. Because sea waters do not live under water. They do however spend most of there time in the water.
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Old 01-31-2009, 09:14 PM   #52
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Default Re: I'm almost in tears! Please help!

Aww, she is not an underwater pet, sorry! %his has happened to other people. I think ganz should make an 'underwater" pet tag to eliminate confusion.
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Old 02-01-2009, 03:10 AM   #53
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Default Re: I'm almost in tears! Please help!

View Post Originally Posted by King Hoopla
It wasn't false advertising.

"Any advertising or promotion that misrepresents the nature, characteristics, qualities or geographic origin of goods, services or commercial activities" (Lanham Act, 15 U.S.C.A. ยง 1125(a)).

Proof Requirement
To prove that an advertisement is false, a plaintiff must prove five things: (1) a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity; (2) the statement either deceives or has the potential to deceive a substantial portion of its targeted audience; (3) the deception is also likely to affect the purchasing decisions of its audience; (4) the advertising involves goods or services in interstate commerce; and (5) the deception has either resulted in or is likely to result in injury to the plaintiff. The most heavily weighed factor is the advertisement's potential to injure a customer. The injury is usually attributed to money the consumer lost through a purchase that would not have been made had the advertisement not been misleading. False statements can be defined in two ways: those that are false on their face and those that are implicitly false.

So -- they have up on their own 'information' site a listing of all the animals that are out at this time, and they have the SEA otter listed under "Underwater Animals" and also all pictures of said plush are IN water. That means statementS as well as pictureS of this plush as an underwater animal, not to mention that it said sea otter not just otter. The statements and pictures are obviously made with the intention that that animal is underwater, which is deceiving potential and actual buyers in to thinking that that animal is underwater {as shown/told} yet it is not in actuality given an underwater nature in WW. Those deceptions and lies and other falsehoods do affect, obviously, many buying decisions in regards to that particular pet since there are other underwater pets available. The advertising involves goods or services in interstate commerce and the deceptions do result in injury to the customer because in this and other cases they spend money on that specific pet because it is supposed to be as advertised everywhere an underwater pet yet it is not which means they then have to go buy yet another plush to get another underwater pet {one that is actually underwater, advertised as that or not} so they would not have bought the sea otter to begin with had they been properly informed and not lied to through advertising in pictures and print. Therefore the company not only had "false on their face" advertising and such but also were implicitly false in that same advertising. Since ALL the conditions were in fact met, and continue to be met, it was indeed ... legally and otherwise false advertising.
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Old 02-01-2009, 10:37 AM   #54
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Default Re: I'm almost in tears! Please help!

Serena. I thought the same thing when I adopted my sea otter.
I do have her bed in an underwater room.
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Old 02-01-2009, 12:26 PM   #55
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Default Re: I'm almost in tears! Please help!

View Post Originally Posted by footie
Serena. I thought the same thing when I adopted my sea otter.
I do have her bed in an underwater room.
I bet it looks great, and maybe the one who wrote this could put her otter in with the dolphin {and it's fountain} and it'll look okay {even with the bubble in there} I bet. Hopefully you can enjoy both your pets this way, too.
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Old 02-01-2009, 01:19 PM   #56
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Default Re: I'm almost in tears! Please help!

Serena. I thought the same thing when I adopted my sea otter.
I do have her bed in an underwater room.
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Thanks, footie. Rep for you for the bed info.
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