They’re the best, barring a legal case

You see it up and down the Strip. The word "best," usually combined with the word "voted."

You could cruise from Fremont Street to the "Welcome to Fabulous Las Vegas" sign playing a Vegas version of the Bob Newhart TV game. Take a sip when you see the word "best," down your whole drink if it's combo'd with "voted," and in lieu of a designated driver, you'd be in the arms of Johnny Law by the time you got to Flamingo Road.

Let's just admit right up front: The Las Vegas Review-Journal has no small role in all this; the next Best of Las Vegas special section arrives in your driveway March 25. Those looking to tout their superiority can turn to weeklies or lifestyle magazines, too. Most are based on a democratic public vote, and/or the opinions of journalists who research and write about food and entertainment.

But it doesn't stop there. Organizations hand out awards, too. My favorite dubious honors are these things called the Merlin Awards, which seem to get handed out to every magician in the trade.

But what if show producers even skipped that. What if they just sat at a bar and raised their hands: "Looks like we've just been voted 'the best.' " Or if you simply claim superiority by virtue of being the proud papa who is paying for the ad?

All's fair in love and ballyhoo, right? Or does any of this venture into the realm of unfair business practice?

The issue made it into a legal decision recently. A settlement of lawsuits between Dick Feeney and Sandy Hackett, producers of two rival Rat Pack tributes, includes an interesting stipulation: Hackett's show shall "refrain from future use ... of the specific advertisement 'Voted #1 Best Show in Vegas!' (unless it) has actually received such an award from a reputable third-party source."

During the deposition phase, Hackett's wife and business partner Lisa Dawn Miller testified that her show's claim came from website comments and customers in the greeting line after the show.

"I shake hands with hundreds of people a week: 'This is the No. 1 show,' " Miller testified. "So I have my own personal knowledge of that."

Questioned about whether the claim was deceptive, Miller countered, "It doesn't say what that comes from."

The issue never made it to trial. A summary judgment ruling concurred with Miller's logic that in lieu of an outright lie about who bestowed the award, it fell under the realm of advertising puffery.

So, while a settlement binds one show, the rest of the "best" claims go on until a new legal challenge. And when that happens, the No. 1 Best Entertainment Columnist in Las Vegas will surely keep you informed.

Contact reporter Mike Weatherford at mweatherford@reviewjournal.com or 702-383-0288.