By having two different products bearing the same name you're implying the performance is the same with the only difference being the memory size. The fact that a potential buyer with no technical knowledge cannot ascertain that there is in fact a performance difference between the two makes it misleading, third party reviews are irrelevant. False adverting is 100% on the manufacturer, they're compelled by the law to provide accurate information about their products that wont mislead the consumer, this isn't subjective or a matter of opinion. You think Nvidia backed down on this naming scheme for no reason ? Of course not, they knew very well what they were doing was misleading, they just got too much shit for it and decided that it's better to ditch the names before they find themselves in legal trouble.
Just as a real life example, I actually have a friend who didn't know there was a performance difference between the 12Gb and 16Gb until I explained it to him and he's not a moron, he wasn't going to buy one anyway and if he looked into it more carefully I am sure he would have realized they're not the same but it goes to show how easy it to mislead people.
I guess you just can't understand the concept of false advertising for some reason. That's fine, you should apply for a marketing position at Nvidia, they'd love you.