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McHugh Fuller Law Grp. PLLC v. PruittHealth Inc.

Law firm's advertisements about nursing home did not violate Georgia's trademark anti-dilution statute, O.C.G.A. § 10-1-451 subsection b, and the Court reversed the permanent injunction order that prohibited law firm from running advertisements that used nursing home's trade names, service marks or logos.

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In March 2015, McHugh Fuller Law Group, PLLC McHugh Fuller began running a month-long, statewide Georgia advertising campaign targeting PruittHealth, Inc. and its affiliated nursing homes collectively, PruittHealth. PruittHealth filed suit against McHugh Fuller under Georgia’s trademark anti-dilution statute, OCGA § 10-1-451 b, in the Superior Court of Colquitt County, and the trial court entered a permanent injunction prohibiting McHugh Fuller from running ads about PruittHealth that include the company’s trade names, service marks, or logos. As explained below, the single advertisement that PruittHealth challenges did not violate § 10-1-451 b. Accordingly, we reverse the trial court’s injunction order.

1. On March 15, 2015, McHugh Fuller, a Mississippi law firm that focuses on suing nursing homes, ran the following full-page, color advertisement in the Sunday print and online editions of the Moultrie Observer newspaper as part of a month-long, statewide ad campaign targeting nursing homes affiliated with PruittHealth, Inc.:

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