Lawyer's solicitation of litigation against timeshare company could violate Lanham Act

Diamond Resorts International, Inc. v. Aaronson, — F. Supp. 3d —-, 2019 WL 1445181, No. 17-cv-1394-Orl-37DCI (M.D. Fla. Mar. 5, 2019)With all the discussion about “opening up the libel laws,” it’s notable that Lexmark has accomplished very much the same thing for commercial disparagement.  This case is one of a nontrivial number of timeshare resorts suing law firms for suggesting to timeshare clients that they can get out of their financial obligations, and it proceeds.  To me, this case illustrates the rule “professional speech that would be an opinion if said by a nonexpert can be a falsifiable fact claim if said by an expert.”  Anyway, Diamond sued Aaronson & his law firm for ads on the firm’s website and for Aaronson’s representation of clients who are or were Diamond members (the latter of which sure sounds like a Noerr-Pennington issue, but ok), and the court allows the claims to proceed.Diamond…

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