iHeart’s Talk Radio WIOD recently asked John Rizvi, The Patent Professor to come on the air in Miami, FL to discuss a class action lawsuit against Buffalo Wild Wings. Mr. Rizvi described the lawsuit, in which the plaintiffs claim the restaurant is selling falsely advertised boneless wings because they are actually breast meat, not wing meat.
The lawsuit claims that the restaurant is profiting by calling them boneless chicken wings, but they are essentially just chicken nuggets dipped in sauce. Mr. Rizvi said it would come down to whether the consumer of average intelligence, education, and knowledge believes that boneless chicken wings are not wing meat. The reality is that most consumers know that boneless chicken wings are not made from wing meat. Therefore, this case is unlikely to go anywhere. Mr. Rizvi noted that the court of public opinion is on the side of the restaurant chain because most consumers view this as a frivolous lawsuit. Nonetheless, Buffalo Wild Wings tweeted a somewhat risky message, admitting that the boneless wings are made from chicken breasts. From a PR standpoint, it comes across as really arrogant and cocky, as if the plaintiff has no case as if it’s a frivolous lawsuit. Nonetheless, the tweet confirms that the boneless wings are made from chicken breasts and not wing meat.
The interviewer noted that the PR person who put out the tweet either lawyered it up or took a significant risk. Mr. Rizvi would not want to be the plaintiff’s lawyer in this case.
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