Judge Recommends Lanham Act Litigant "Shake it Off" | Proskauer - Advertising Law
[co-author: Nicole Sockett] Judge Joshua D. Wolson of the U.S. District Court for the Eastern District of Pennsylvania recently dismissed a Lanham Act suit that challenged critical comments on a blog (not this one!). The case was brought by plaintiff Crash Proof Retirement, a retirement investment adviser who was the subject of the criticism. The defendant author of the blog post was a former stockbroker. In dismissing the suit, the court determined that “arms’-length criticism made without any economic motivation does not constitute commercial speech just because it might impact someone...
Source: jdsupra.com
