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ARTICLE · 12 MAY 2021

Judge Recommends Lanham Act Litigant "Shake It Off"

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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!).

United StatesEmployment and HR
Lawrence Weinstein
Lawrence Weinstein
Anisha Shenai-Khatkhate
Anisha Shenai-Khatkhate
Nicole Sockett
Nicole Sockett
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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's business or livelihood," and cannot be the basis for a Lanham Act claim. Quoting "the immortal words of [pop singer] Taylor Swift," Judge Wolson wrote: "although 'haters gonna hate, hate, hate...', sometimes you just have to 'shake it off.'" Crash Proof Retirement, LLC v. Paul M. Price, Case No. 2:20-cv-05906-JDW (E.D. Pa. Apr. 13, 2021).

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