Mattress Firm’s Lanham Claim Against Review Site Partly Dismissed
Mealey's (October 24, 2016, 1:17 PM EDT) -- NEW YORK — Many of the statements on a mattress review website about which a mattress manufacturer complains constitute opinions that are not actionable under the Lanham Act, a New York federal judge ruled Oct. 20, granting in part the site operator’s motion to dismiss (Casper Sleep Inc. v. Derek Hales, et al., No. 1:16-cv-03223, S.D. N.Y.).
(Memorandum decision and order available. Document #24-161117-001Z.)
However, the judge deemed certain disclosure statements related to the operator’s affiliate marketing relationships as potentially actionable, allowing the Lanham claim to...