Communications in question:

  {crown}ALL HAIL!{crown}

  @pranksyNFT scooped up this Legendary LeBron James Moment from our Cosmic Series 1 set for $49,000 {rocket}{rocket}{rocket}

  That is a new record-setting acquisition for any NBA Top Shot Moment on the marketplace ... so far {stock chart}{stock chart}{stock chart}

And

  50K+ packs purchased last 36 hours {rocket}
  $450K+ marketplace sales last 24 hours {stock chart}
  $2M+ marketplace transactions over last week {stock chart}
  $10M+ sales in beta {money bag}

  #NBATopShot is just getting started {fire}{fire}{fire}

Court opinion:

  Each Tweet promotes a recent sale or statistics of recent sales of Moments on the Marketplace. And although the literal word "profit" is not included in any of the Tweets, the "rocket ship" emoji, "stock chart" emoji, and "money bags" emoji objectively mean one thing: a financial return on investment.

https://twitter.com/LisaBraganca/status/1628868431696068608

I don't find myself disagreeing with the court on this one.