Universal tried to argue that de Armas being in the trailer was not a sufficient reason to believe they had made a misleading "factual representation" that she'd be in the movie. Since the trailer did not explicitly state she'd be in it, there was no actionable misleading. Judge Wilson said no to that claim; by the reigning legal standards for misrepresentation, the trailer could be seen as something that would make "a significant portion of reasonable consumers" believe that "De Armas and the Segment would be in the movie." Judge Wilson pooh-poohs Universal's concern that future courts might absurdly litigate very niggling questions—like how long an actress appears in a film, what their significance in the film is, or whether they speak—if this suit goes forward.
I think it's undeniable that a reasonable person would assume that an actor being in the trailer means that they'll be in the movie, but I'm just not convinced that this constitutes an equivalent to false advertising.
