Lanham Act counters free speech claim

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted September 29, 2016 12:43 PM

Updated September 30, 2016 4:00 PM

Sorting through cross-motions for summary judgment in Underground Solutions Inc.’s Lanham Act claim against Dr. Eugene Palermo, an analytical chemist, for allegedly making false statements about one of its products, Fusible PVC, during trade show presentations as a paid spokesman for Underground’s competitors, U.S. District Judge Matthew F. Kennelly ruled:“The First Amendment does not preclude liability under the Lanham Act for the [allegedly false] statements Palermo made in his presentations&rdquo …

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