Antitrust Law Daily Wrap Up, ADVERTISING—W.D. Mo.: Lanham Act claims against radio show host fail, (Mar 26, 2015)

By Linda O’Brien, J.D., LL.M.

An individual failed to allege sufficient facts to pursue Lanham Act claims against a radio show host and several media companies for making incorrect statements during broadcasts that she was infected with HIV/AIDS and attempted to spread the disease, the federal district court in Kansas City, Missouri has held (Mitchell v. Joyner, March 25, 2015, Smith, O.).

Blondell Mitchell filed a complaint against radio show host Tom Joyner and several media outlets, alleging that Joyner incorrectly stated on various broadcasts that she has HIV/AIDS. Mitchell, asserting violations of the Lanham Act, claimed that Joyner accused her of being a carrier of the disease and engaging in interactions with the intent of spreading the fatal virus. Mitchell alleged that the accusations ruined her image and life. The defendants moved to dismiss the complaint.

False endorsement. The Lanham Act false endorsement provision prohibits actions that cause confusion as to whether the plaintiff is associated with the defendant or endorses the defendant’s goods or services, the court explained. Mitchell alleged that the defendants falsely associated her with having and spreading HIV/AIDS. According to the court, the plaintiff did not allege any facts to suggest that the defendants committed any actions that caused confusion as to whether she was associated with the defendants or endorsed their services or goods.

False advertising. The court also determined that Mitchell did not fall within the “class of plaintiffs who Congress authorized to sue” for false advertising under the Lanham Act. In this case, Mitchell alleged a “garden variety’’ defamation claim, and Congress did not intend to have every such defamation claim transformed into a Lanham Act claim. Furthermore, Mitchell could not establish the necessary proximate causation, since there was an absence of any actual advertising at issue. The plaintiff’s allegations that the defendants made defamatory statements about her during media broadcasts do not constitute advertisements or promotions. Thus, the plaintiff’s Lanham Act claims were dismissed.

The case is No. 14-0997-CV-ODS.

Attorneys: Blondell F. Mitchell, pro se. David T. Bower (Nyemaster Goode PC) for Tom Joyner, Radio One Inc., Reach Media Inc., Cumulus Media Inc., and Citadel Media Networks.

Companies: Radio One Inc.; Reach Media Inc.; Cumulus Media Inc.; Citadel Media Networks; Minority Communications, Inc.; ABC Radio Board of Directors

Cases: Advertising MissouriNews