A Wisconsin appellate court has upheld a trial court’s ruling that purchasing online advertising based on your competitors name is akin to opening a storefront next door – not illegal in the eyes of the state.
The law firm of Cannon & Dunphy was alleged to have purchased search engine keyword advertisements for terms including the name of Habush Habush & Rottier, a competing firm. Habush sued citing Wisconsin 995.50(2)(b) which bans using “the name, portrait or picture of any living person” in an advertisement without that person’s written consent. The trial court ruled for the defendant and an appellate upheld the verdict.
Contact Calculated Risk Advisors today to discuss better protecting your organization from evolving advertising injury lawsuits.