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State Law Says No
- Thread starter Double J
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If you're allowed to transfer it, how would you sell it without offering it for sale?
The first definition of "commercial" is "of, pertaining to, or characteristic of commerce." on dictionary.com. Commerce is in turn defined as " an interchange of goods or commodities, esp. on a large scale between different countries (foreign commerce) or between different parts of the same country (domestic commerce); trade; business." You could qualify under that definition, or distinguish it, quite readily. There are way too many variables.
I'll skip over grinding the definition of "advertising," as it is at least as complex to refute as the above.
Rather than go to that amount of nitpicking, though, I would look to interpret "Commercial Advertisement" as a single element, as opposed to broadly covering any "advertising" which could have a "commercial" impact down some related chain of reasoning. I would not say your average TFL sale or purchase qualifies as having invoked "commercial advertising." The advertising itself is not commercial - it is not a professional advertiser disseminating information, or a website which charges to post advertisements. Nor is it an industry-focused advertisement for your commercial enterprise, unless you're a large-scale manufacturer or seller who actively utilizes this and other boards to raise your profile.
I suppose this is all speculative, though - this would be a very fact-driven analysis. You've got to give more to go on here for sound advice. So long as you do not offer or entertain offers resultant to your question for whatever the restriction applies to, it could not be said to be an advertisement. Or you could just call your state for an interpretation, and make sure you write down the person on the other end's name.
The first definition of "commercial" is "of, pertaining to, or characteristic of commerce." on dictionary.com. Commerce is in turn defined as " an interchange of goods or commodities, esp. on a large scale between different countries (foreign commerce) or between different parts of the same country (domestic commerce); trade; business." You could qualify under that definition, or distinguish it, quite readily. There are way too many variables.
I'll skip over grinding the definition of "advertising," as it is at least as complex to refute as the above.
Rather than go to that amount of nitpicking, though, I would look to interpret "Commercial Advertisement" as a single element, as opposed to broadly covering any "advertising" which could have a "commercial" impact down some related chain of reasoning. I would not say your average TFL sale or purchase qualifies as having invoked "commercial advertising." The advertising itself is not commercial - it is not a professional advertiser disseminating information, or a website which charges to post advertisements. Nor is it an industry-focused advertisement for your commercial enterprise, unless you're a large-scale manufacturer or seller who actively utilizes this and other boards to raise your profile.
I suppose this is all speculative, though - this would be a very fact-driven analysis. You've got to give more to go on here for sound advice. So long as you do not offer or entertain offers resultant to your question for whatever the restriction applies to, it could not be said to be an advertisement. Or you could just call your state for an interpretation, and make sure you write down the person on the other end's name.
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