Quote:
Originally Posted by Party
from your link:
from wikipedia:
a guerilla marketing campaign, hoping to draw attention based on its artistic merit (indeed, explicitly being comprised ONLY of ART, unless you define a drawn cartoon character as something other) is vastly different from a nike commercial airing on network TV. it does not propose a commercial transaction, and it does not relate solely to economic interests.
The part you quote precedes the adopted test that I quoted. That is important because the court, once it has laid to foundation for the question by giving the status up to that point (the portion you quoted) goes on to develop the 4-pronged test because the issue is not properly treated as a "yes/no" analysis.
1. Is it pure commercial speech? If yes, its not protected;
2 - 4: If it is not pure commercial speech, it will be afforded protection, subject to these factors.
A guerilla marketing campaign is certainly going to be analyzed under sections 2 - 4, if not 1.