Antitrust Law Daily Wrap Up, ADVERTISING—4th Cir.: Lanham Act claim against Google, Ziplocal properly rejected, (Dec 7, 2015)

By Greg Hammond, J.D.

The federal district court in Alexandria, Virginia, correctly dismissed a Lanham Act false advertising claim against Google, Inc. and directory provider Ziplocal, L.P., the U.S. Court of Appeals in Richmond, Virginia has decided. In affirming the lower court’s decision, the appellate court concluded that there was no showing that the defendants made any representations (Baldino’s Lock & Key Service, Inc. v. Google Inc., December 4, 2015, per curiam).

Yellowbook and Ziplocal are providers of print and online directory advertising. Google’s search engine also contains paid advertising content based on a user’s search terms. Baldino’s Lock & Key Service, Inc. claimed that Google, Yellowbook, and Ziplocal knowingly published on their websites the names, addresses and phone numbers of unlicensed locksmiths, in order to gain advertising revenue, in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Lanham Act. The district court granted the defendants’ motions to dismiss the RICO and Lanham Act false advertising claims. The only issue on appeal, however, was Baldino’s Lanham Act false advertising claim against Google and Ziplocal.

The appellate court affirmed the lower court’s determination with regard to the Lanham Act false advertising claim. In particular, the court noted that Baldino’s failed to demonstrate that the defendants made any representations. Rather, it found that the locksmiths who generated the information that appeared on the various defendants’ websites are solely responsible for making any faulty or misleading representations or descriptions of fact. The Lanham Act claim was therefore properly dismissed.

The case number is 15-1202.

Attorneys: Donald C. Holmes (Donald C. Homes & Associates, P.A.) and Andrew C. Bisulca (Law Office of Andrew C. Bisulca, P.C.) for Baldino’s Lock & Key Service, Inc. Dennis J. Quinn (Carr Maloney P.C.) and Daryl L. Joseffer (King & Spalding LLP) for Google Inc. and Ziplocal, LP.

Companies: Google Inc.; Ziplocal, LP; Google Information, Inc.; Supermedia Sales, Inc.; Yellowbook Inc.

Cases: Advertising RICO MarylandNews NorthCarolinaNews SouthCarolinaNews VirginiaNews WestVirginiaNews