Company Accused Of Posting Self-Serving Reviews

When companies are caught posting fake reviews online, they often can expect a wave of bad publicity. But if the Web site RealSelf.com has its way, they will also have to defend themselves in court.

Last week, RealSelf.com accused plastic surgery corporation Lifestyle Lift of breach of contract, computer fraud and other counts for allegedly directing its agents to pose as patients and post good reviews of the company's procedures on the site.

RealSelf.com, based in Seattle and billed as an independent site for consumers to discuss anti-aging treatments, says phony reviews violate the site's terms of service.

"The fabricated, false and misleading comments ... are harmful to the goodwill and integrity of www.realself.com, which relies on unbiased, authentic and truthful reviews by users," the company alleged in papers filed last week in federal district court in Detroit.

The charges were filed as a counterclaim to a lawsuit that Lifestyle Lift filed in January, accusing RealSelf of trademark infringement. Lifestyle Lift, based in Troy, Mich., alleged that the site displayed ads for doctors that falsely indicated they were affiliated with Lifestyle Lift. The plastic surgery company says those ads unfairly leverage the Lifestyle Lift name.

Lifestyle Lift's lawyer, Allan Rubin, said he was still analyzing the counterclaims.

But some other lawyers were also skeptical that RealSelf.com's claim would get too far in court.

"It's very difficult to bring suit for a terms of service violation," said Matt Zimmerman, an attorney with the digital rights group Electronic Frontier Foundation. He added that RealSelf.com might have a difficult time proving it had been harmed by the allegedly phony reviews. "It seems like a bit of a stretch."

He also said that people have a First Amendment right to post comments using pseudonyms, which could make it hard to prove computer fraud claims.

But RealSelf's lawyer, J. Michael Huget, says the company's reputation was harmed by the allegedly phony reviews. "It's a site that's built on credibility," he said.

He also said he suspects the original lawsuit was triggered by negative consumer reviews on the site, as opposed to ads for non-Lifestyle Lift doctors. "This isn't about some slim little claim of misuse of a trademark, which was not intentional and not actionable," he said. "You don't sue people over that unless you have some sort of ulterior motive."

But Lifestyle Lift's lawyer said the company's only goal was to stop the allegedly misleading ads. "They're using our trademark to advertise my client's competitors," said Rubin. "It's like using McDonald's to advertise Burger King."

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