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Brunson Communications, Inc. v. Arbitron, Inc.

266 F. Supp. 2d 377 (2003)

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Brunson Communications, Inc. v. Arbitron, Inc.

United States District Court for the Eastern District of Pennsylvania
266 F. Supp. 2d 377 (2003)

Facts

Brunson Communications, Inc. (Brunson) (plaintiff) owned WGTW, a small, independently owned television station serving the Philadelphia area. Arbitron, Inc. (defendant) measured viewership across radio and television platforms, issuing reports relied upon by advertisers and others in making business decisions. Arbitron purported to measure the viewership of all television stations in the Philadelphia market area. However, Arbitron did not measure viewers watching WGTW. Brunson sued Arbitron for commercial disparagement, arguing that Arbitron’s publication of erroneous information to advertisers and others harmed Brunson’s commercial interests by implying that WGTW’s viewership was too small to warrant inclusion, dissuading advertising investment. Arbitron moved to dismiss, arguing that Brunson failed to allege facts supporting a commercial-disparagement claim. The federal trial court in which the case was pending considered the viability of Brunson’s claim.

Rule of Law

Issue

Holding and Reasoning (Baylson, J.)

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