In a recent decision, a U.S. court held that the New York Times was guilty of defamation for its use of certain portions of the plaintiff's website as a graphic in an article warning about online pharmaceutical companies that engaged in illegal activity. The court found that use of the graphic defamed the plaintiff, Franklin Prescriptions Inc., by suggesting that Franklin was among those online pharmaceutical companies that the article was warning about, notwithstanding that the text of the article did not mention Franklin by name. Franklin in fact did not sell pharmaceuticals online. However, the court awarded no damages due to lack of evidence that Franklin suffered any financial impact as a result of the article.
For more information, visit:
http://www.law.com/jsp/article.jsp?id=1079977520569