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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.

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