Court forces health care foes' ad off air

A federal court in Illinois today ordered that an ad opposing health care legislation be taken off the air and removed from the Internet after a leading medical group complained that the ad miscast its stance on the bill and misused its trademark.

The American College of Surgeons filed a complaint in Illinois' Northern District alleging that the Employee Freedom Action Committee -- one of a host of groups run by lobbyist Rick Berman -- had violated trademark law and defamed the group by including the College of Surgeons on a scrolling list headed "Doctors Against the Plan."

A plastic surgeons' group also complained of the ad, which was based on a December 1 letter from surgical associations saying they opposed the bill as it was then written; the groups now say they're waiting to see its final form. A Berman aide argued that the ad accurately characterized the groups' positions.

Federal District Judge Charles Norgle granted a temporary restraining order to the surgeons, finding they would likely prevail on the merits in a trial, and enjoining Berman's group from placing ads citing the group on television or the Internet.

The ad was run by the "Committee to Rethink Reform," a 501(c)4 not required to disclose its donors.

The ad has been removed from the Internet. A Berman aide didn't immediately respond to an email about the ruling.

UPDATE: Berman aide Sarah Longwell emails:

We are removing the two doctors' groups who no longer want to be publicly associated with opposing the health care bill. However, we will continue to promote the views of the many doctors' groups who have encouraged us to highlight their public opposition to the current health reform proposal.

