Posted by bohlmann on Feb 15, 2012 in News
November 22, 2011 – Chicago. Doctor’s Data, Inc. of St. Charles, Illinois operates a laboratory that conducts scientific analysis of blood and tissue for health care providers and sued a health fraud watchdog website author and retired physician, Stephen Barrett, for false advertising under Section 43(a) of the Lanham Act. Doctor’s Data claimed that Barrett used his websites to spread false and misleading information about it and sought a permanent injunction prohibiting Barrett from publishing disparaging statements and for money damages. Barrett moved to dismiss the complaint arguing, in part, that he was not alleged to be a competitor of the lab nor were his statements made in commercial advertising. The U.S. District Court judge agreed, finding that Doctor’s Data could not assert “a discernable competitive injury” as required by well-established precedent in the Seventh Circuit. The false advertising claim was dismissed. Doctor’s Data, Inc. v. Stephen J. Barrett, M.D.