UPDATE
Aug 30, 2023 2:55 PM CDT
Two Ana de Armas fans who sued Universal Pictures over their Yesterday trailer are not entitled to the $5 million they sought after realizing they were misled. The fans claimed they paid $3.99 to rent the film because Armas was featured in the trailer, only to discover that her scenes had been cut. District Judge Stephen Wilson dismissed the lawsuit on Monday, stating that it was a “self-inflicted injury” and noting that one of the plaintiffs rented the film for a second time from Google Play in 2023 to make false claims about Google’s misrepresentation. Wilson found the misrepresentation claim implausible since the plaintiff already knew that Armas wasn’t in the movie.
Dec 23, 2022 9:22 AM CST
A federal judge ruled this week that movie trailers should not be considered “non-commercial” speech protected by the First Amendment. The ruling came as a result of a lawsuit filed against Universal Pictures’ Yesterday trailer by two Ana de Armas fans who argued that they rented the movie based on the actor’s appearance in the trailer, and they would not have done so if they knew her scenes had been cut. US District Judge Stephen Wilson determined that studios can be held accountable under false advertising laws when trailers are deceptive enough to mislead a “significant portion” of “reasonable consumers.” Wilson rejected Universal’s argument that trailers are artistic works deserving of full First Amendment protection.
In his ruling, Wilson stated, “While Universal is correct in acknowledging that trailers involve creativity and editorial discretion, the commercial nature of trailers outweighs their creativity. At its core, a trailer is an advertisement designed to sell a movie by providing consumers with a preview.” Universal argued against allowing the lawsuit to proceed, claiming that it would open the floodgates to lawsuits from disappointed viewers based on an unlimited number of reasons. The studio’s lawyers referenced a Jurassic Park trailer consisting entirely of footage that did not make it into the movie. While Judge Wilson dismissed some claims from the lawsuit, he ruled that the trailer is subject to California’s False Advertising Law and Unfair Competition Law.
The two plaintiffs rented Yesterday from Amazon Prime for $3.99 each and are seeking at least $5 million in damages. The lawsuit was filed as a potential class action suit. Yesterday stars Himesh Patel as a struggling musician who wakes up in a world where the music of the Beatles does not exist, but he still remembers their songs. Ana de Armas played a potential love interest in the film, but her scenes, including the one in the trailer, were removed due to audience preferences. Screenwriter Richard Curtis referred to the decision as a “very traumatic cut” given de Armas’ brilliant performance in the role.
