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Benford, Baker and Matheny Obtain Summary Judgment on Lanham Act Claim Seeking $8.7 Million

January 27, 2020

John Benford (Of Counsel-Orlando), Amy Baker (Partner-Orlando) and Jordan Matheny (Associate-Orlando) obtained a partial summary judgment in favor of the firm’s client, a timeshare exit company (a consumer protection service), on the plaintiff’s claim for false advertising under the Lanham Act. The plaintiff sought to recover $8.7 million under the Lanham Act claim, which represented approximately 70 percent of plaintiffs’ total claimed damages. The ruling helped force a favorable settlement for the client two days before trial.  The litigation involved the defense of in a lawsuit brought by the plaintiff, one of the largest timeshare companies in the world, in United States District Court, Middle District of Florida. The timeshare company claimed, among other things, that the client engaged in false advertising in violation of the Lanham Act, 15 U.S.C. § 1125(a). The plaintiff claimed, among other things, that the client had made numerous false and misleading statements in interstate commerce relating to the timeshare industry and the client’s services in assisting consumers in terminating their timeshare contracts. John and Amy served as trial counsel throughout the two-and-a-half year litigation. Jordan provided valuable assistance during the litigation, including on the preparation of the motion for summary judgment.  

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