Burger Prince is one of the largest hamburger chains in the country and fiercely competitive with the well-known chain of Captain Hook Seafood House restaurants. Captain Hook recently introduced a new line of hamburgers to expand beyond seafood. Burger Prince received information that it believed to be reliable indicating that Captain Hook’s burgers contained a substantial amount of fillers. Burger Prince then ran advertisements saying that its pure beef burgers were better than Captain Hooks, which used fillers. Which of the following is true?
a. Burger Prince is liable for product disparagement because the statement about the use of filler was false.
b. Burger Prince would be liable for invasion of privacy if the formula for Captain Hook’s burgers was not publicly available.
c. This is a case of palming off.
d. Captain Hook will not be able to win a product disparagement case here.
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