Amerigas Propane, L.P. v. Opinion Corp. d/b/a PissedConsumer.com

Order on Motion to Dismiss

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Per blogger and law professor Eric Goldman:

"You may recall PissedConsumer, the site that solicits user gripes, SEOs the crud out of them, and then offers the griped business pay-to-play to downgrade the visibility of those reviews. Its litigation docket is heating up, and I've recently blogged on two prior rulings (Ascentive and Vo).

"In a thoughtful but perhaps overly cautious opinion by Judge Buckwalter (a celebrated name in cyberlaw for his pro-free speech 1990s opinions in the CDA and COPA lawsuits), PissedConsumer couldn't get a motion to dismiss on Amerigas' trademark claims, and it couldn't get dismissal of other claims on 47 USC 230 grounds. The judge signals that Amerigas is likely to lose its claims later, but it gives both parties the opportunity to lavish money on their lawyers before the judge reaches the obvious denouement."

http://blog.ericgoldman.org/archives/2012/06/another_bad_rul_1.htm

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Published In: Business Torts Updates, Civil Procedure Updates, Communications & Media Updates, Consumer Protection Updates, Intellectual Property Updates

Reference Info:Decision | Federal, 3rd Circuit, Pennsylvania | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Coleman, Goetz Fitzpatrick LLP | Attorney Advertising

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