Nip/Tuck Infomercial Complaints Spur Lawsuit
Watchdog group Public Citizen will argue in federal court in Detroit on Friday that a Michigan court should dismiss a lawsuit against a Web site operator who provided a forum for consumers of infomercial products. Arizona resident Justin Leonard created InfomercialScams.com, which allows users to read and post reviews.
One of the companies reviewed on the site, a Michigan-based cosmetic surgery company known as Lifestyle Lift Holding Inc., claimed Leonard’s site violates trademark law by using the firm's name to identify reviews of its cosmetic procedure. Public Citizen attorney Paul Alan Levy will urge the court to dismiss Lifestyle Lift's case because the First Amendment protects the mention of the company’s trademark on Leonard’s site.
One of the 50+ reviewers complained: "I just wanted my jowls done, but the doctor recommended my neck also. My jowls were improved slightly, my neck is more wrinkled than it ever was." Another said: "I lost my hearing in my right ear. I called and they said it was just some swelling and would eventually go down. Well, it has been 6 months now, and I still can't hear out of my right ear." Wowza!
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