Lawyers Insurance

Verdict in Wisconsin Online Advertising Case Affirmed

A Wisconsin appeals court has affirmed a lower court’s defense ruling in a spat between two competing Milwaukee area plaintiff firms. Cannon & Dunphy was alleged to have purchasing search engine advertising based on a competing firm’s name. The firm, Habush Habush & Rottier, allegedthe ads violated a Wisconsin law, 995.50(2)(b), prohibiting advertisers from using “the name, portrait or picture of any living person” without their consent.

The appellate court upheld the lower courts ruling that the law did not apply to online keyword advertising, which they compared to opening up a physical location near a competitor.  ”Locating an advertisement or business near an established competitor to take advantage of the flow of potential customers or clients to the established business is not a practice the legislature intended to prohibit” the ruling stated.

Contact ProtectLawyers.com today to discuss how your current insurance program responds to advertising injury and other emerging risks.

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