Court Dismisses Locksmith Complaint That Google, Other Websites Made False Representations
The 4th U.S. Circuit Court of Appeals in an unpublished opinion upheld the dismissal of a second amended complaint from a Virginia-based locksmith, which alleged that Google, SuperMedia Sales, Yellowbook and Ziplocal "knowingly published the names, addresses and phone numbers…
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of unlicensed locksmiths on their websites in order to gain advertising revenue." Baldino's Lock & Key Service had appealed the U.S. District Court for the Eastern District of Virginia's dismissal. That court said Baldino's hadn't proved that the defendants made "a false or misleading description or representation of fact." The court also said that Baldino's had "failed to state a claim under the Lanham Act," which is a federal statute that prohibits false advertising and trademark violations, among other things. "Rather, the locksmiths who generated the information that appeared on defendants' websites are solely responsible for making any faulty or misleading representations or descriptions of fact. Accordingly, the district court did not err in dismissing Baldino's Lanham Act claim," the 4th Circuit opinion said Friday.