Court forces health care foes' ad off air
Ben Smith // Politico (Ben Smith Blog)December 17, 2009
A federal court in Illinois today ordered that an ad opposing health care legislation be taken off the air and removed from the Internet after a leading medical group complained that the ad miscast its stance on the bill and misused its trademark.
The American College of Surgeons filed a complaint in Illinois' Northern District alleging that the Employee Freedom Action Committee -- one of a host of groups run by lobbyist Rick Berman -- had violated trademark law and defamed the group by including the College of Surgeons on a scrolling list headed "Doctors Against the Plan."
A plastic surgeons' group also complained of the ad, which was based on a December 1 letter from surgical associations saying they opposed the bill as it was then written; the groups now say they're waiting to see its final form. A Berman aide argued that the ad accurately characterized the groups' positions.
Federal District Judge Charles Norgle granted a temporary restraining order to the surgeons, finding they would likely prevail on the merits in a trial, and enjoining Berman's group from placing ads citing the group on television or the Internet.
The ad was run by the "Committee to Rethink Reform," a 501(c)4 not required to disclose its donors.
The ad has been removed from the Internet. A Berman aide didn't immediately respond to an email about the ruling.
UPDATE: Berman aide Sarah Longwell emails:
Richard Berman has been a regular front man for business and industry in campaigns against consumer safety and environmental groups. Through his public affairs firm, Berman and Company, Berman has fought unions, Mothers Against Drunk Driving, PETA and other watchdog groups in their efforts to raise awareness about obesity, the minimum wage, the dangers of smoking, mad cow disease, drunk driving, and other causes. Berman runs at least 15 industry-funded front groups and projects, such as the Center for Union Facts and holds 16 "positions" in those organizations.
Each year, Berman, using his front groups to spread misinformation, spends millions of dollars distracting the public with misleading ads.
As a result of his largesse, in 2006, Richard Berman used $2,000,000 in cash to buy this $3.3 million house.
