William O'Neil & Co., Inc. v. Validea. Com Inc.

ORDER DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION AND GRANTING DEFENDANT’S MOTION TO DISMISS

I.

INTRODUCTION

Defendants authored and published a book describing and analyzing the investment strategies of well-known financial analysts and stock pickers, including Plaintiff William O’Neil. O’Neil did not consent to Defendants’ use of his name or investment strategies. O’Neil and his company seek to enjoin Defendants from distributing the book on the basis that they have infringed his right of publicity and have committed unfair competition. Defendant Dearborn seeks to dismiss Plaintiffs’ complaint on the grounds that the book is protected by the First Amendment. For the reasons stated herein, Dearborn’s motion to dismiss is GRANTED with leave to amend, and Plaintiffs’ motion for preliminary injunction is DENIED WITHOUT PREJUDICE.

II.

FACTS

Plaintiff William O’Neil is a well-known financial analyst and stock market strategist. He is the founder and chairman of Plaintiff William O’Neil & Co., Inc. (“The Company”), a national investment information company that provides securities research, advisory and trading services to institutional clients in the United States,…