Does “Krab Mix” = real crab?
I love to eat sushi and real crabs, but Krab Mix, not so much given what’s in it. Hint, it not real crab meat. A major restaurant chain that offers a sushi menu was recently sued “False and Misleading Advertisement.” The plaintiff alleged the “restaurant baited consumers into buying products with promises of crab, but switched the final product for ones without any crab meat.”
The restaurant claims that “the use of the word “krab” in its menu is “fanciful” and that no reasonable consumer would confuse the krab mix used in the sushi roles with real crab. Reasonable consumers would also not be deceived, according to the motion, because the menu uses the word “crab” to describe items that actually contain crab meat.”
The Court agreed with the restaurant and dismissed the case. The Court stated that a “reasonable consumer would recognize that the use on … menu of “krab mix” for some items and “crab” for others, suggests “krab mix” is not the same as “crab. “
#business #advertisingandmarketing #hispanicadvertisingandmarketingattorney
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