Court releases final ruling in ABO caseAugust 24, 2012
The court released its final ruling in the false advertising lawsuit against the American Board of Optometry.
The court released its final Judgment and Findings of Fact and Conclusions of Law in favor of Defendant American Board of Optometry, Inc. and against Plaintiff American Optometric Society, Inc.
In the related documents issued by Judge A. Howard Matz, he noted “the Court finds that the AOS failed to present evidence that would sustain its claim [of false advertising] under the Lanham Act. In fact, in a number of instances, the AOS presented evidence that negated elements of its claim.”
“The Judge’s ruling unambiguously states that our use of the term ‘board certified’ is not confusing to the public,” said Paul Ajamian, O.D., ABO chair. “The AOS’s attempt to put a cloud over our program has failed. This ruling ends a bitter chapter in the history of optometry. We are moving ahead and look forward to continuing to serve the profession with a credible board certification program.”