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Dynetech Corp. and GlobalTec Solutions v. Leonard Fitness, Inc. and Leonard

Two affiliated infomercial companies filed a lawsuit attempting to shut down negative reviews of their day-trading software on the websites InfomercialRatings.com and InfomercialScams.com. The companies claimed that running a website where consumers can post reviews of their products constituted trademark infringement and a variety of other wrongs, and sought triple damages and attorneys’ fees against the site’s owner. In a motion to dismiss filed on behalf of the operator of the website, Public Citizen argued that the Arizona-based website operator was not subject to jurisdiction in Florida, that the websites were protected by the First Amendment, that posting reviews is not trademark infringement, and that the Communications Decency Act protects a website owner from liability for what users post on the site. The district court granted the motion, finding that Leonard lacked meaningful contacts with Florida.