the tricks never worked legally speaking. misleading labels stay misleading even if you have a trademark on that name and use it for years.
the problem is cases like this rarely go to court, and plaintiffs might run into a judge who literally doesnt believe consumer fraud is a thing if theres at least one possible non fraud interpretation no matter how unlikely it is.
the problem is cases like this rarely go to court, and plaintiffs might run into a judge who literally doesnt believe consumer fraud is a thing if theres at least one possible non fraud interpretation no matter how unlikely it is.