
Lifestyle Lift and a consumer-oriented Web site are locked in a legal battle over negative reviews.
Lifestyle Lift claims it's a "minor 1-hour procedure with major results," but a lot of customers who have paid for the procedure have been left unhappy, and they've consequently posted reviews about it on RealSelf, a blog devoted to aesthetic surgery.
Lifestyle Lift has sued RealSelf, claiming trademark infringement, and now RealSelf has countersued, claiming Lifestyle Lift padded RealSelf's site with shill reviews.
Santa Clara University School of Law professor Eric Goldman, who has advised RealSelf on the case, posts about the issue on his personal blog:
"No matter how many times I see it -- and in the Internet era, I see it all too frequently -- I always shake my head in disappointment and frustration when a company uses trademark law to lash out against unflattering consumer reviews. To these companies, trademark law is a cure-all tonic for their marketplace travails, and trademark doctrine is so plastic and amorphous that defendants have some difficulty mounting a proper defense. As a result, all too frequently, the threat of a trademark lawsuit causes the intermediary to capitulate and excise valuable content from the Internet."
RealSelf has alleged that Lifestyle Lift directly or indirectly posted shill reviews to the Lifestyle Lift discussion, thereby breaching RealSelf's user agreement.