Judge Rules HSN Vitamin Hawker Andrew Lessman Can Be Even Nastier Than Us In His Blogs About QVC

We’re late on this one folks, but it’s pretty juicy — and important to a blogger like The Homeshoppingista. QVC has lost the first round in its suit to bar HSN vitamin purveyor Andrew Lessman from blasting QVC’s vitamins and dietary supplements in his blog.

We got a tip on this Thursday from our ex-colleague Linda H. on the Left Coast, and than saw that MediaPost wrote about it earlier this week, as did Georgetown University law school professor Rebecca Tushnet on her blog.

U.S. District Court Judge Sue Robinson refused to issue a preliminary injunction and restraining order against Lessman. He may be a very charming, easy-going fellow on-air but his blogs on QVC make our snarky commens about the No. 1 home shopping network look like press releases.

For example, in January he blogged that QVC’s Nature Code brand hair, skin and nail supplement “isn’t healthy…it is just sleazy and deceptive.”

For good measure, he added, that QVC’s “lack of integrity is totally in keeping with the lack of quality of their vitamins.”

Part of Lessman's HSN line

And there’s a hell of a lot more mud-slinging along those lines. Read the good professor’s blog for more details on that. Needless to say, QVC was not happy, and filed suit in February in federal court in Delaware.

Lessman does have an ax to grind. He started his TV career selling his products on QVC in 1992, but defected to rival HSN in 1997. Here’s some dish: Lessman was in talks to return to QVC earlier this year, but they fell through. Not coincidentally, that’s when Lessman started dissing QVC in his blog.

We haven’t read the judge’s ruling, so what we know about it is from the professor and MediaPost. But Judge Robinson found that even though Lessman’s nasty blogs about QVC could be misleading, QVC never proved to the court that the comments actually confused consumers. No proof of confusion, no injunction.

But QVC can still continue with its suit against Lessman, it just can’t have an injunction at this point.

We think the court’s ruling is a good one for bloggers like us and the First Amendment, but let’s see what happens if the case makes it to trial.

QVC’s Lazy PR Department Should Ring In The New Year With More Timely Press Releases

Better late than never.

QVC’s crack PR department issued a press release Wednesday on the home shopping channel’s new programming “devoted toward making its customers’ lives more complete.”

That’s all well and good, but that programming kicked off on New Year’s Day, last Friday, almost a week ago. Why didn’t the release go out then? Was somebody too busy getting spiffed up for a New Year’s Eve to draft a press release?

Anyway, here’s QVC’s puffy spiel:

RESOLVE TO BE WHOLE
QVC RINGS IN THE NEW YEAR WITH PROGRAMMING DEVOTED
TOWARD MAKING ITS CUSTOMERS’ LIVES MORE COMPLETE

New Year’s resolutions are a lot easier to break than they are to make. To continue ringing in the New Year on the right path, multimedia retailer QVC is inviting its customers to lose the guilt and devote time instead toward achieving a “Whole You.” QVC’s “Whole You” programming, which kicked off Friday, Jan. 1, offers solutions to help make its customers’ lives more complete – from innovations in wellness and fitness to new ideas in fashion and beauty, as well as advice from leading experts in the health and fitness industry.

As a special feature to its “Whole You” programming, QVC will once again offer its customers “Whole You Wednesdays.” Beginning Jan. 6, throughout the month of January, each Wednesday the network will air a special lineup of health and fitness products, as well as offer expert advice from Marlea Clark, editor of Prevention Magazine.

“This year, we’re challenging our customers to lose their New Year’s resolutions and start gaining by focusing on ways they can personally enhance their well-being and make their lives more complete,” said Rich Yoegel, QVC’s director of merchandising. “It truly is essential to recharge, and with our ‘Whole You’ programming, we plan to bring our customers some new, exciting solutions and expert advice that will help guide them down a more complete path toward wellness.”

QVC will also welcome back some familiar faces, including renowned fitness and nutrition expert and acclaimed celebrity trainer Harley Pasternak, who will introduce some new fitness and wellness ideas in January, as well as bring back some of his best-sellers from his September 2009 debut.

QVC’s “Whole You” programming will be offered during January and February 2010, offering a variety of products from leading fitness and wellness brands, including “The Biggest Loser,” Prevention Magazine, Women’s Health, Men’s Health, P90X, Reebok, AeroPilates and Nature’s Code.