Oh i absolutely believe they did it because they found a loophole and think they can cash in.
You'd think the threshold for damages would be what it cost you. It cost them 5 bucks. I don't equate it with damage. We're not talking McDonald's coffee giving someone 3rd degree burns which some think should be 100% on the customer. We're talking a 5 dollar rental with no tangible level of damage here. Get a life guys.
I said very early on, I think this results in studios just adding a disclaimer to trailers in tiny text. They it with drug ads and car ads, etc. Fine print on a trailer isn't going hurt anything or cost anyone anything in the end. So, big deal.
If i was the judge i'd be tempted to find for them and award them 5 dollars in damages and say they have to pay (or even split) court costs so they come out in the hole in the end as do their lawyers.
I know the final product is an ever changing thing up til the last minute these days with digital distribution. You don't have to have the thing complete til the day before release really.
As I said, if they market in good intentions and something gets cut, i have no problem with it. They tell me a certain person will be in it when they already know they've been cut, then that crosses the line. For this case, to me, it hinges on whether or not the trailer was used once they knew she wasn't in the movie. If so, i think they have a problem. If not, these guys can go screw themselves.
In the end, they weren't selling a love triangle in any trailer I saw, it was all 'one day everyone forgot the beatles but this guy'. That was it. Now, if the flick came out and it was about something completely different, OK, let's talk. But the trailer, to me, sold what the movie was about which is the point and not something all trailers actually do these days. Personally, i think these guys are opportunist losers looking for a pay day. That make it clear?
I'm just saying, legally, if the studio marketed it selling a person who they knew wasn't in it, then legally, i think they have a problem. I also thing these guys would have to prove they knew they were trying to mislead people. If the studio can show she was cut after the trailer came out, i think they're fine. However, I'd like to think a studio isn't dumb enough to actually put that kind of admission in email or paper but, you can never under estimate the stupidity of people.
What I think legally and personally - two different things.