Ad Agency Sues Blogger

WKPA - drop your suit as fast as you can, fire the lawyers who told you it was a good idea and read 'The Terrible Truth about Lawyers" by Mark McCormack immediately.

A blogger posting his opinions about Maine Tourism advertising is entitled to his opinions, whether he's posting them on the internet, standing on a soap box on a street corner or speaking for five minutes at a free speech society evening.

I have posted my opinions of the stock holders of the Tribune Company (LATimes), NYTimes and Auto Trader (UK Guardian/Guardian Media). I was cross for many years about the tax that paid for the BBC (no longer, will write up my change in thinking at another time) so when I read that a blogger is taking an advertising agency to task I say - every single week in Campaign Magazine there are zillions of articles taking advertising agencies to task - after all, there are some awful ads out there.

Here are edited highlights from the Ad Age article:

An ad agency that specialized in travel advertising is suing a Maine-based blogger for defamation after he began to post regularly about the work the agency was doing for its client, the state of Maine.

Maine's tourism advertising is the issue in a battle between blogger Lance Dutton and the Warren Kremer Paino agency.

Warren Kremer Paino Advertising, New York, filed suit April 14 against Lance Dutson for copyright infringement, defamation and trade libel and injurious falsehood. Mr. Dutson, a freelance Web designer who also does Internet advertising, says he became critical of the Maine Office of Tourism in October 2005 when he learned the office had bid for broad search terms that bumped into the interests of his clients. He also argued the Internet-advertising strategy was misguided because he said the office bid on general geographic terms such as the names of cities in Maine. Therefore, potential tourists must already be interested in the state to be led to the state's tourism Web site, he said. 'Pissing away tax money'

According to Mr. Dutson's blog, the tourism office had tried to respond to his concerns. But in February, Mr. Dutson learned of WKPA's involvement and expanded his criticism to the agency, including a reference to it as "some big company in New York with no ties to the state, pissing away tax money." (See more of Mr. Dutson's posts and a copy of the lawsuit at mainewebreport.com.)

Tom McCartin, president of WKPA, is most concerned about Mr. Dutson's public posts because if potential clients search for the agency online, they will likely see Mr. Dutson's critique-filled blog before the agency's own Web site.

"At this point, after seeing this reaction, my hope is that the platform for an open and progressive debate about how Maine acts as a steward toward its most important industry would come to the surface," Mr. Dutson said. The litigation is now getting widespread attention from multiple blogs and The Boston Globe. The Media Bloggers Association has even jumped in with its support of Mr. Dutson. The issue is getting more notoriety because of the suit than the blog could have conjured alone, said Steve Rubel, blogger and senior VP of Edelman's Me2Revolution group. hurting his office's image.

The article includes advice from Steve Rubel on what the WKPA advertising agency should do now. I like the last point "blog back".