Document Type

Brief

Case Name

Edward Lewis Tobinick v. Steven Novella

Publication Date

5-27-2016

Abstract

No. 15-14889
Edward Lewis Tobinick v. Steven Novella

Appeal from the United States Distric Court for the Southern District of Florida, Case No.: 9:14-cv-80781-RLR (Hon. Robin L. Rosenber)
[Including the] Motion for Leave to File Brief of Amici Curiae Intellectual Property Law Professors, Nov. 30, 2015.

From the Summary of Argument

The District Court correctly determined that the challenged speech of Dr. Steven Novella was not commercial speech for purposes of applying the Lanham Act. Appellant’s argument to the contrary conflates “seeking profit” with “commercial speech.”

Comments

Amici are law professors who teach and have written extensively about advertising law and related subjects. See the listing on page 1, including Notre Dame Law School's Mark McKenna.

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