Law firm can’t sue Better Business Bureau for ‘F’ grade under Lanham Act, federal judge rules – ABA Journal
Law firm can’t sue Better Business Bureau for ‘F’ grade under Lanham Act, federal judge rules
Posted Feb 20, 2013 2:22 PM CST
By Martha Neil
A law firm that says it lost clients over disparaging reviews published by the Better Business Bureau of Central Florida Inc. lacks a basis for filing suit under the Lanham Act, a federal judge in Orlando has ruled.
Because the BBB is not a competitor of the plaintiff, Kaufman, Englett & Lynd, there is no basis for a Lanham Act suit over the BBB reviews, which included at least one “F” grade, as U.S. District Judge John Antoon II explained in his order (PDF) last week dismissing the Middle District of Florida case. However, the law firm can still pursue a pendent state-law claim for breach of contract in state court, Courthouse News reports.