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ABO wins final judgment in lawsuit filed by AOS

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A U.S. District Court ruled that the American Optometric Society failed to prove that the American Board of Optometry’s use of the term “board certification” is false, misleading, confusing or deceptive.

According to the final judgment of the U.S. District Court of the Central District of California, the AOS failed to present evidence to sustain its claim under the false advertising prong of the Lanham Act.

“In fact, in a number of instances, the AOS presented evidence that negated elements of its claim,” according to the “Findings of Fact and Conclusions of Law” for the case.

“The judge’s ruling unambiguously states that our use of the term ‘board certified’ is not confusing to the public,” ABO Chairman of the Board Paul Ajamian, OD, said in an ABO press release.

“We are moving ahead and look forward to continuing to serve the profession with a credible board certification program,” he said.

The AOS newsletter distributed several days after the judgment’s release did not comment specifically on the judgment, but reiterated the group’s assertion that the majority of optometrists are opposed to board certification.