Plastic not so fantastic: video shot in medical facility didn't defame or infringe facility's TM rights

Weirton Medical Center, Inc. v. Introublezone, Inc., 2018 WL 3458261, J-A06003-18 (Pa. Super. Ct. Jul. 18, 2018)Dr. Craig Richard Oser was a plastic surgeon with staff privileges at plaintiff WMC from 2009 to 2014, making him an employee according to WMC.  Dr. Oser entered into an agreement with defendants to create a reality show, “Drastic Plastic,” “intended to highlight the most salacious elements of Dr. Oser’s practice at WMC. Among other things, the production dubbed Dr. Oser ‘The Vagician’ because of his specialization in labiaplasty and vaginal reconstruction.”  A “sizzle reel” was filmed at WMC’s Medical Office Building, and included statements by individuals who identified themselves as Dr. Oser’s patients and employees. The video labeled the patients “crazy” and included offensive references to Dr. Oser’s work in breast augmentation, allegedly portraying the residents of West…

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