Lanham Act doesn’t get you around the First Amendment

RLG just got a summary judgment order in Tobinick v. Novella. In that case, we first got an Anti-SLAPP order against a California plaintiff who filed a SLAPP suit in Florida (perhaps hoping that Florida’s courts wouldn’t realize that a CA plaintiff can’t run away from his anti SLAPP law). (Order here)

However, the Plaintiff maintained that our client’s articles on a medical practice were actually “commercial speech.” Court slapped that down today. (Order here)

Since there is a little more to do in the case, I’m not going to comment further. But, the Order should go in any First Amendment lawyer’s files — because this isn’t the first time I’ve seen a plaintiff try and get creative with the Lanham Act in free speech cases.

And I’m certain it won’t be the last.

One Response to Lanham Act doesn’t get you around the First Amendment

  1. Duderino says:

    Congratulations on the success, but not for nothing do you have a comment on how long it took for the opinion to issue following oral argument? I understand that may be a fairly speedy turn in lots of district courts, but seven months seems like a long time to prevail via a statute that is supposed to allow for speedy resolution of meritless claims that chill speech.

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