Text

Remove Your Content v. Does

Date: 

03/02/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

John Does 1-20

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Northern District of Texas

Case Number: 

3:09-cv-00393-O

Publication Medium: 

Blog
Email
Forum

Relevant Documents: 

Status: 

Pending

Description: 

Remove Your Content LLC, which bills itself as a "targeted adult content removal service," filed suit in federal district court in Texas against 20 unnamed defendants for defamation, business disparagement, tortious interference, assault, and trademark infringement.

Remove Your Content's claims stem from a series of anonymous blog posts (on the now-defunct websites ericgreensuck.blogspot.com and removeyourcontent.blogspot.com), forum comments (NSFW), and emails directed at Remove Your Content and its owner, Eric Green. According to the Complaint, the complained-of communications contain both physical threats against Mr. Green ("We tried to pay a visit to you dude," Complaint Ex. 1 and "Either quite (sic) bothering all these sites and blogs or will (sic) take the bet and nuke you with an early Christmas present," Complaint ¶7), and false and defamatory statements about Remove Your Content's business practices ("He gets paid by other sites (sic) owners to take down pirated content. However he does it in a totally illegal matter (sic)," Complaint Ex. 2 and "Most of his DMCA (sic) are not legid (sic) because he would reported (sic) unlicensed material or matrial (sic) he doesn't even own (sic) its copyright," Complaint Ex. 2).

Remove Your Content seeks exemplary damages and attorneys' fees in excess of $100,000, as well as preliminary and permanent injunctions barring the defendants from contacting Plaintiff's place of business, employees, and clients, and from making false and defamatory statements about Plaintiff and Plaintiff's employees. Further, Remove Your Content has indicated its intent to seek discovery to uncover the identities of Does 1-20 ("Plaintiff now sues in order to discovery and verify the identities of the Defendants and recover damages." Complaint ¶11)

The blogs involved --  ericgreensuck.blogspot.com and removeyourcontent.blogspot.com -- have been removed, and cached copies are no longer available on Google.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Westlaw Alert

CMLP Notes: 

Source: Westlaw Alerts

KAI - 6/3/09

Priority: 

1-High

Mason v. Grey

Date: 

01/10/2006

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Matthew Grey; Rick Gay; Kasia Gay; Riverside School District and Does 1 through 25

Type of Party: 

Individual

Type of Party: 

Individual
School

Court Type: 

State

Court Name: 

Superior Court of California, Riverside County

Case Number: 

No. RIC443002

Verdict or Settlement Amount: 

$75,000.00

Legal Counsel: 

Fred J. Knez - Law Offices of Fred J. Knez (for Matthew Grey, Rick and Kasia Gay); John W. Marshall and Lisa V. Todd - Thompson & Colegate LLP (for Riverside Unified School District)

Publication Medium: 

Social Network

Relevant Documents: 

Status: 

Concluded

Disposition: 

Settled (total)

Description: 

Tedd W. Mason, a high school football player, filed a lawsuit against his teammate and MySpace.com user, Matthew Grey, for battery, intentional infliction of emotional distress, public disclosure of private facts, invasion of privacy, false light, and defamation.  Grey allegedly punched Mason. Mason brought claims of defamation and other speech torts over Grey’s alleged discussion of Mason’s health on Grey’s MySpace.com page. Mason also brought suit against Grey’s parents, Rick and Kasia Gay, and the Riverside Unified School District.

According to Mason's complaint, he asserts that Grey, without warning, struck Mason with “a minimum of six punches to the face and head” on January 4, 2005 in the North High football team room.  Following this incident, the Riverside Unified School District allegedly mandated that Grey satisfy an "Anger Management Requirement."  Mason also contends that Grey sent him a written apology. Mason’s eight-count complaint  alleges that on or about August 3, 2005, Grey, after completing his Anger Management course, posted a message on his public page on myspace.com, a post that reads in part “FUCK TEDD . . .  I found out that im inelligable [sic] today and for some reason Tedd Mason is in need of MRI for his ‘severe headaches’ and yet he can still go full speed at practice everyday. Odd isn’t it . . .”  Compl. ¶ 47.

Mason claims that this post attempts to expose him “to hatred, contempt, ridicule or disgrace by alleging that [he] is of a dishonest character,” and  “to demonstrate that [he] is a liar, and therefore is defamatory on its face.” Compl. ¶¶ 48-49.

In addition, Mason asserts a claim for public disclosure of private facts: the disclosure of his private “health condition.” Compl. ¶ 54. Further, Mason claims that this “public disclosure was an unfair and inaccurate depiction” and therefore asserts a claim of false light invasion of privacy. Compl. ¶ 62.

Mason claims that employees of Riverside Unified School District “disclosed private facts about [his] health condition to . . . persons not authorized to receive such information, including . . . Matthew Grey, . . . Kasia Gay, and… Rick Gay,” and he asserts a claim of public disclosure of private facts. Compl. ¶ 81.

Grey, Kasia Gay and Rick Gay each answered Mason’s complaint on Feb 16, 2006. They each put forth thirteen affirmative defenses, including failure to state a claim, estoppel, unclean hands, justification, and assumption of risk.

On August 20, 2007 Mason settled his claims of negligence and public disclosure against Riverside Unified School District for $75,000. Kasia and Rick Gay moved for summary judgment on August 24, 2007, arguing that Mason's settlement with the school gave them a right of off set. This motion was denied. On July 21, 2008 Mason settled his claims against Grey, Kasia Gay and Rick Gay for an undisclosed amount.  

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source: WestClip

Complaint is available on Westlaw at 2006 WL 6142372 (click around the document for other case documents).

Documents found at http://public-access.riverside.courts.ca.gov/OpenAccess/CIVIL/civildetai...

AVM 6/2/09

Priority: 

1-High

Ascentive v. 1ShoppingCart.com

Date: 

02/13/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

1ShoppingCart.com; Rob Cheng; PCPitstop, LLC; Does 1-10

Type of Party: 

Organization

Type of Party: 

Individual
Organization
Intermediary

Court Type: 

Federal

Court Name: 

United States District Court for the District of Oregon

Case Number: 

3:09-cv-00186-HU

Legal Counsel: 

Christopher W. Angius - Holland & Knight, LLP (PCPitstop, LLC)

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Disposition: 

Withdrawn

Description: 

On February 13, 2009, Ascentive LLC, a company that develops software such as FinallyFast to improve computer performance, sued PCPitstop and its CEO, Rob Cheng, along with 1ShoppingCart.com, a conveyer of eCommerce software and ad-tracking services, and ten anonymous posters on PCPitstop’s forums.  Ascentive alleges that PCPitstop, assisted by 1ShoppingCart, purchased search keywords tied to Ascentive’s “FinallyFast.com” trademark on Google and Yahoo!.  The complaint also alleges that false and defamatory statements regarding Ascentive’s software was posted to PCPitstop’s forum by PCPitstop employees and/or third parties.  Ascentive is represented by Steven T. Lovett and Marc Alifanz of Stoel Rives LLP, while PCPitstop is represented by Christopher W. Angius of Holland & Knight LLP.

The six-count complaint alleges trademark infringement, unfair competition, and vicarious and contributory Lanham Act violations against PCPitstop, Rob Cheng, and 1ShoppingCart with respect to the alleged purchase of search keywords tied to Ascentive’s “FinallyFast.com” trademark.  It also alleges breach of contract against PCPitstop and Mr. Cheng for the alleged resumption of trademark-linked keyword purchasing in January 2009, after Mr. Cheng had allegedly agreed to curtail such activities in July 2008.  Finally, the complaint alleges defamation against PCPitstop and Does 1-10 for allegedly false factual statements posted to PCPitstop’s forum.  The complaint alleges that such statements include the following assertions:
  • FinallyFast is a “scam”;
  • Ascentive “promotes adware and phishing scams”;
  • FinallyFast is “very difficult to get off” of a computer once installed;
  • “Ascentive products are known to scare the user with a long list of false positive results” ;
  • “It is likely that these products are cheap knock-offs of well known freeware products”; and
  • Dealing with companies such as Ascentive includes the danger that “the program will actually do your computer more harm than good.”
Compl. ¶¶ 65, 67.

Ascentive is seeking an injunction to prevent:
  • The purchase or use of Ascentive’s trademarks or similar marks or names by PCPitstop, its advertisers, and affiliates in connection with search keywords or any products not authorized by Ascentive;
  • Any conduct by PCPitstop’s advertisers or affiliates that would confuse purchasers into believing any of PCPitstop’s products are associated with or authorized by Ascentive;
  • Unfair competition by PCPitstop, its advertisers, and affiliates with Ascentive; and
  • The publication or posting of false and defamatory statements regarding Ascentive or its products on the PCPitstop website.
Compl. (Prayer for Relief) ¶ a.  Ascentive seeks damages sustained in consequence of the alleged trademark infringement, unfair competition, breach of contract, and defamation.  It also seeks accounting for gains, profits, and advantages derived from PCPitstop’s alleged infringement and unfair competition.  Ascentive is seeking trebled damages under section 1117 of the Lanham Act.

On April 28, 2009, Ascentive voluntarily dismissed its case, with prejudice.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source: Dozier Internet Law

LB 06/02/2009

Priority: 

1-High

Young v. New Haven Advocate

Date: 

05/12/2000

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

The New Haven Advocate; Gail Thompson; Camille Jackson; Michael Lawlor; Carolyn Nah; National Association for the Advancement of Colored People; Alvin Penn; The Hartford Courant; Brian Toolan; Amy Pagnozzi; The Connecticut Post; Rick Sawyers; Ken Dixon

Type of Party: 

Individual

Type of Party: 

Individual
Large Organization
Media Company

Court Type: 

Federal

Court Name: 

United States District Court for the Western District of Virginia; US Court of Appeals for the 4th Circuit

Case Number: 

2:00-cv-00086 (W.D.Va.); No. 01-2340 (4th Cir.)

Legal Counsel: 

Robert Douglass Lystad – Baker & Hostetler, LLP

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

The warden of a Virginia prison sued two Connecticut newspapers for libel in a Virginia court, asserting that they published defamatory articles about him on their websites. In his complaint, Young asserted the newspapers implied he was racist and that he encouraged guards to abuse inmates. Compl. ¶ 7.

On Oct. 4, 2000, the New Haven Advocate and the Hartford Courant filed motions to dismiss the suit on the grounds that a Virginia court cannot exercise personal jurisdiction over Connecticut newspapers. The United States District Court for the Western District of Virginia denied the motion, stating the court could exercise jurisdiciton under Virginia law because the "defendants' Connecticut-based Internet activities constituted an act leading to an injury to the plaintiff in Virginia."

The newspapers appealed to the United States Court of Appeals for the Fourth Circuit, which reversed the lower court's decision. In its opinion, the court said the Connecticut newspapers could not constitutionally be subject to jurisdiction in a Virginia court because "they did not manifest an intent to aim their websites or the posted articles at a Virginia audience."

The United States Supreme Court declined to hear Young's appeal on May 19, 2003.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source: Westclip

PACER doesn't have the documents.  Some are available on Westlaw at 315 F.3d 256 (click Full History for others)

CMF - 6/2/09

Priority: 

1-High

Wilson v. McCollum

Date: 

04/28/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Tara McCollum; "tphorse" on the internet al.com forum; "zjones16" on the internet al.com forum

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Circuit Court of Jefferson County, Alabama

Case Number: 

CV200901283

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Description: 

Anika Wilson, a psychiatrist in Alabama, filed a lawsuit against Tara McCollum and two pseudonymous posters on AL.com, the website for the Birmingham News, Huntsville Times, and several other newspapers in Alabama.

According to Wilson's complaint, McCollum sent an email to a third-party in which she defamed Wilson by falsely claiming that she had been "stalking"  McCollum and  "trying to slander" her in the community.  Compl. ¶ 2.  Wilson also alleges in her complaint that two users going by the names "tphorse" and "zjones16" posted defamatory comments on AL.com in February and March 2009, falsely stating, among other things, that she was "responsible for all of that taxpayer money getting stolen" and that she is "diseased and crazy and sleeping with every married man."  Compl. ¶¶ 4-5.

Wilson's six-count complaint includes claims for defamation, defamation per se, intentional infliction of emotional distress, negligent infliction of emotional distress, and publication of private facts.  She also leaves open the possibility of adding additional defendants:

Other screen names or defendants may have defamed the plaintiff on internet forums, emails, message boards, blogs, or other computer based communications.   Plaintiff will amend to add additional defendants and specific defamatory matter when discovered.

Compl. ¶ 6.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source: Erin Stork at Birmingham News

La Russa v. Twitter, Inc.

Date: 

05/05/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Twitter, Inc.; Does 1-25

Type of Party: 

Individual

Type of Party: 

Organization

Court Type: 

State

Court Name: 

Superior Court of the State of California, City and County of San Francisco; United States District Court for the Northern District of California

Case Number: 

CGC-09-488101 (state); 3:09-cv-02503-EMC (federal)

Legal Counsel: 

Leslie A Kramer, Rodger R. Cole, Songmee L. Connolly - Fenwick & West LLP;

Publication Medium: 

Micro-blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Material Removed
Settled (total)

Description: 

Anthony La Russa, manager of the St. Louis Cardinals, sued Twitter after an unknown Twitter user created an account at twitter.com/TonyLaRussa and pretended to post updates as La Russa. The fake Twitter page included La Russa's photo and a handful of vulgar and apparently Cardinals-related updates. One line of the "profile" suggested it was all a fake: "Bio Parodies are fun for everyone."

La Russa's complaint alleged that the fake Twitter page constituted trademark infringement and dilution, cybersquatting, and misappropriation of name and likeness.  According to the San Francisco Chronicle, La Russa's attorney tried to contact Twitter before filing the lawsuit, but got no response. Hours after the lawsuit was filed, Twitter removed the fake La Russa page and its postings. 

UPDATE: 

6/5/2009 - Twitter removed the case to the United States District Court for the Northern District of California.  STLToday.com reported that the parties had settled, citing La Russa as the source of the information.

6/6/2009 - Twitter denied reports that it had settled the lawsuit.

6/26/09 - La Russa filed a notice of voluntary dismissal after the parties settled the case.

Jurisdiction: 

Content Type: 

Subject Area: 

Henry v. Google

Date: 

05/20/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Google, Inc.; AOL

Type of Party: 

Individual

Type of Party: 

Large Organization
Intermediary

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of Mississippi

Case Number: 

2:09-cv-00099

Publication Medium: 

Other

Relevant Documents: 

Status: 

Pending

Description: 

Johnny I. Henry, an inventor of the vibrating toilet seat, filed a lawsuit against Google, Inc. and AOL, claiming that search results delivered by Google and hosted by AOL are defamatory.  Henry, who is African-American, asserts that Google's search results include links to, and snippets of text from, sites that contain pictures of him with captions containing a racial epithet. 

In his pro se complaint, Henry states:

The extreme derogatory nature of these web sites have committed a gross and negligible offense, not only to myself but to our newly elected president and first lady, Mr. Barack Hussein Obama and Mrs. Michelle Obama.  I believe that without a shadow of a doubt that this type of racist negative behavior is directed at black people as a whole as well as all good hearted people that mean good throughout this country and world.

According to InformationWeek:

Had Henry chosen to use Google with the SafeSearch preference set to "Use strict filtering," he wouldn't have seen the sites and been offended. That's because the sites in question appear to host sexual content. "Safe Search currently applies to sexual content only, not to racial epithets," explained a Google official in an e-mail.  

 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

RSS

Doherty Enterprises, Inc. v. Murray

Date: 

01/01/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Michael Murray

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of New Jersey Law Division - Essex County

Case Number: 

ESX-L-10079-08

Legal Counsel: 

Michael Murray (Pro Se)

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)
Settled (total)

Description: 

Doherty Enterprises, Inc., a large Applebee's restaurant franchisee with approximately 80 restaurants in New Jersey and neighboring states, sued Michael Murray for defamation and trade libel over a critical comment posted to a September 2008 article on NorthJersey.com, the online edition of The Record

The article in question contained an interview with Ed Doherty, the founder and president of Doherty Enterprises. In the interview, Ed Doherty stated that he believes he “treat[s employees] with dignity and respect and provide[s] a great opportunity for them to have a good job . . . . I want the people that work for me never to want to leave me.” When asked what his "recipe for success was," Doherty replied: “Don't lie, don't steal. And treat everybody the way you want to be treated. If you do that, you've lived a good life. . . . It's so simple.” 

Michael Murray posted the following comment:

I find this article quite disturbing with respect to how Ed Doherty represents how he treats people. I am an advocate involved in a sexual harassment case and have arbitration transcripts which demonstrate that women . . . are routinely sexually harassed and that this behavior is condoned by high level management at Doherty Enterprises right up to the top. His General Managers & Area Managers commit perjury, obstruct and/ or [sic] ignore sexual harassment claims with immunity
[sic]. This man and his rhetoric are repugnant and fly in the face of the facts. . . . . Additionally, any reader who has a daughter, wife etc. [sic] working for Doherty are more than likely being subjected to similar treatment. . . .

At the time, Murray, a non-lawyer, was representing his daughter in the arbitration of a sexual harassment case against Doherty Enterprises, in which she claimed that she was sexually harassed by managers and employees of the Applebee’s at which she worked.  In late 2007, Murray had rejected a settlement offer on behalf of his daughter.

Doherty Enterprises filed suit, and both parties moved for summary judgment in April 2009.  In May 2009, the court granted summary judgment to Murray, dismissing all of the claims against him.  The court ruled that certain of the statements -- such as that Doherty's rhetoric was "repugnant" and that others were "likely being subject to similar treatment" -- were "pure opinion" subject to an absolute privilege. 

The court determined that the remaining statements related to a matter of public concern and that Doherty became a public figure for purposes of New Jersey law when he gave an interview with The Record, thus “voluntarily and knowingly engag[ing] in conduct that one in his position should reasonably know would implicate a legitimate public interest, engendering the real possibility of public attention and scrutiny.”  Therefore, the court held that the "actual malice" standard applied. Applying this standard, the court found that Murray had sufficient evidentiary support from the arbitration proceedings "to defeat any claim that these statements were made with the recklessness required."

The court refused to dismiss Murray's counterclaim for abuse of process, finding that factual issues remained about whether Doherty Enterprises brought the lawsuit with an "ulterior motive" to allegedly punish Murray refusing to settle the arbitration proceeding. 

According to one press account, Doherty Enterprises and Murray subsequently settled for an undisclosed amount.

Jurisdiction: 

Content Type: 

Subject Area: 

Gingrich v. The Truth About EFCA.Org

Date: 

05/13/2009

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

The Truth About EFCA.Org; EFCANOW; Tucows, Inc.; ContactPrivacy.com; Twitter, Inc.

Type of Party: 

Individual
Organization

Type of Party: 

Organization

Publication Medium: 

Micro-blog
Website

Relevant Documents: 

Status: 

Pending

Description: 

Counsel for Newt Gingrich, Saul Anuzis, and American Solutions for Winning the Future sent a cease-and-desist letter to The Truth About EFCA.org, a website advocating in favor of enacting the proposed Employee Free Choice Act. The website is run anonymously, so the letter was sent to its domain registrar ContactPrivacy.com (owned by Tucows, Inc.).  It was cc'd  to Twitter, Inc. 

The letter complains about a Twitter user going by the handle EFCANOW who tweeted the following on May 2, 2009:  "Join @newtgingrich @sanuzis in signing the EFCA Freedom Not Fear petition at http://action.americanright... WSJ." The letter demands "that you immediately take down an illegal and fraudulent posting on Twitter . . . which falsely purports to be written by our clients and unlawfully uses the name of Messrs. [Newt] Gingrich and [Saul] Anuzis."  

The letter asserts that the continued publication of the offending tweet "can expose any and all involved parties (including Twitter, ContactPrivacy.com and/or TwoCows [sic]) to substantial, ongoing, and even personal liability," and claims that the tweet constitutes trademark infringement, violation of Gingrich's and Anuzis' publicity rights, false advertising, false designation of origin, tortious interference with prospective economic advantage and contractual relations, common law and computer trespass, conversion, traditional fraud and wire fraud, breach of contract, violation of the Computer Fraud and Abuse Act, and RICO violations.

Jurisdiction: 

Content Type: 

Subject Area: 

Leahy v. Grasmick

Date: 

05/18/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Stephanie Grasmick; Duke St. Journal, and Does 1 - 25

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

General Sessions Court of the State of Tennessee for Williamson County

Case Number: 

37111A

Publication Medium: 

Blog
Micro-blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Material Removed
Settled (total)

Description: 

Michael Patrick Leahy, author and founder of "Top Conservatives On Twitter," filed a lawsuit against blogger Stephanie Grasmick, Twitter user "Duke St. Journal," and 25 anonymous Twitter users for libel, false light invasion of privacy, intentional infliction of emotional distress, and tortious interference with contract.

Leahy, who appears to be handling the case himself, asserts that Grasmick posts on Twitter under the name StephanieInCA and is the operator of Teablogging, a site created "to chronicle the lead-up to the April 15 conservative hysteria Tax Day Tea Parties and to serve as a central repository for low-brow teabag-related sex jokes." His four-count complaint alleges, among other things, that Grasmick libeled him in a blog post on May 13, 2009, in which she falsely stated the he is:

  • a "major tax fraud";
  • a "delusional profiteering creep";
  • an "insane clown"; and
  • a "member of some alien race of Lizard People."

Compl. (First Cause of Action) ¶¶ 1-5.  Leahy also claims that Grasmick and Duke St. Journal repeated these false statements on Twitter.

Leahy also asserts a claim for false light invasion of privacy, although the conduct he complains about is more properly characterized as a claim for publication of private facts: the disclosure of his "residence in Williamson County, Tennessee."  Compl. (Second Cause of Action) ¶ 1. 

In addition to monetary damages, Leahy claims he is "entitled to see the complete records of all Facebook communications and telephonic commuications between Grasmick and her 283 Facebook friends, as well as public and private messages sent by Grasmick to those 469 persons she follows on Twitter, in order to determine the identity, if there is such, of any additional defendants who should be named in this complaint."  Compl. ¶ 18.

Update

May 22, 2009: Dispute resolved by mutual accord.  Leahy reported on his blog that "Grasmick has agreed to remove the false and misleading word from the headline of her May 13, 2009 blogpost which caused me to file a libel suit against her on May 18, 2009. I, in response, have withdrawn my complaint against her."  Grasmick confirmed the agreement and removed the word "fraud" from her previous blog post.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google News

Colocation America v. Garga-Richardson (Lawsuit)

Date: 

04/22/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Archie Garga-Richardson; Premier Financial & Accounting Services, LLC; Scam Fraud Alert; Does 1-10

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Superior Court of the State of California, County of Los Angeles

Case Number: 

09K08409

Verdict or Settlement Amount: 

$1.00

Legal Counsel: 

Pro Se

Publication Medium: 

Forum
Print

Relevant Documents: 

Status: 

Pending

Disposition: 

Verdict (plaintiff)

Description: 

In April 2009, Colocation America, a company providing computer server co-location to companies operating on the Internet, sued Archie Garga-Richardson, the founder and operator of ScamFraudAlert.com.  The complaint, filed in small claims court in California, includes claims for trade libel, intentional and negligent interference with economic advantage, and breach of contract. Mr. Garga-Richardson filed a separate small claims action against Colocation in another California court, which was subsequently transferred and consolidated with Colocation's case.

Colocation's complaint alleges that Garga-Richardson, formerly a client of Colocation America, published false statements about the company in writing and on the Internet after a contract dispute arose between the parties.  The contract dispute related to a distributed denial-of-service attack targeted at Garga-Richardson's site, which took down Colocation's network and upstream providers.  According to the complaint, Colocation removed Garga-Richardson from its network for a violation of its acceptable use policy.

In May 2009, Garga-Richardson filed a demurrer (a motion to dismiss), objecting to the California court's jurisdiction over the case.  His filing argues that Colocation America is not registered to do business in California and therefore cannot bring a lawsuit there.  The court has not yet ruled on this motion.

Update:

05/29/2009 - Garga-Richardson filed an answer to the complaint.

06/17/2009 - The court sustained Garga-Richardson's demurrer.  The court stayed all action until 08/24/2009 and indicated: "[i]f proof is filed and served before then of a Certificate of qualification having been issued to Colocation under Corp Code section 2105, at that date and time the 'complaint' of Colocation will be dismissed without further notice or hearing and the case will be transferred back to the Small Claims Court for Mr. Garga-Richardson to proceed on his small claims action [against Colocation]."

02/09/2010 - After a trial on January 17, the court issued an order on February 9 entering judgment in favor of Colocation America on its contract claim and awarding $1.00 in damages. The court dismissed the cross-complaint against Colocation America.

Jurisdiction: 

Content Type: 

Subject Area: 

Cintas Corp. v. UNITE HERE

Date: 

03/05/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

UNITE HERE; Change to Win; International Brotherhood of Teamsters; Bruce Raynor; Ahmer Qadeer; Keith Mestrich; Elizabeth Gres; Peter Demay; Katie Unger; Stefan Antonowicz; and Does 1-100

Type of Party: 

Large Organization

Type of Party: 

Individual
Organization

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of New York

Case Number: 

1:08-cv-02185

Legal Counsel: 

Irwin Rochman - Tesser, Ryan & Rochman, LLP (for UNITE HERE, Bruce Raynor, Ahmer Qadeer, Keith Mestrich, Elizabeth Gres, Peter DeMay, Katie Unger and Stefan Antonowitz); Robert M. Weinberg, Andrew D. Roth, Leon Dayan - Bredhoff & Kaiser, PLLC (for In

Publication Medium: 

Print
Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (total)

Description: 

On March 5, 2008, Cintas, a Fortune 500 company and manufacturer of uniforms, sued several unions, including UNITE HERE, Change to Win, and International Brotherhood of Teamsters, and several individuals, including Bruce Raynor, Ahmer Qadeer, Keith Mestrich, Elizabeth Gres, Peter Demay, Katie Unger, Stefan Antonowicz, and Does 1-100.  The complaint alleged violations of the RICO Act, trademark infringement, trademark dilution, unfair competition, violations of the Anticybersquatting Consumer Protection Act, and defamation arising out of the defendants' activities online.  

Cintas claims that the defendants first attempted to interfere with their business and exploit fear of economic loss by disseminating false information through print and over the Internet.  Cintas next alleges that defendants made it clear that their interference would only cease if entered into an agreement with defendants regarding union representation.  

The defendants set up several websites that criticized Cintas, including cintasexposed.org (targeting customers), uniformjustice.org (targeting employees) and notonmytrack.info (targeting NASCAR fans).

On June 20, 2008, the defendants filed a motion to dismiss the complaint arguing that Cintas had failed to state any valid federal claims.  In addition, they argued that their actions were protected by the First Amendment.  Specifically, defendants argued that the trademark allegations, including those directed at their website, cintasexposed.org, must fail because their use of the Cintas mark was not commercial and posed no risk of confusion.

On March 9, 2009, the district court dismissed all of Cintas' federal claims and declined to exercise supplemental jurisdiction over its state law claims.  The court dismissed the trademark infringement claim, agreeing that there was no risk of consumer confusion with the use of "Cintas" in cintasexposed.org.  The court noted the obvious critical bent of the website and a disclaimer stating: "CintasExposed.org is an independent website posted by the labor union Unite. It contains criticism and information about the uniform and facilities services rental company Cintas . . . ." 

The court also dismissed the trademark dilution claim, finding that links to the UNITE HERE website, which in turn linked to the UNITE HERE store, did not make the use of the Cintas mark commercial. The court dismissed the cybersquatting claim by noting the defendants were not using the URL as part of a bad faith effort to make a profit.

Cintas filed a notice of appeal in late March 2009.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source: Eric Goldman

RPK

Priority: 

1-High

David v. Nourallah

Date: 

09/11/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Salim Nourallah

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

116th District Court Dallas County, Texas

Publication Medium: 

Blog
Email

Relevant Documents: 

Status: 

Concluded

Disposition: 

Material Removed

Description: 

On September 11, 2008, concert promoter Ally David filed a defamation suit in conjunction with Bend Studio, LLC against local musician Salim Nourallah after Salim criticized David's handling of charity funds on his blog. David had been one of a group in charge of scheduling concerts and other events with funds honoring Anju Gill, a young girl who committed suicide in 2006. The complaint also alleged that Nourallah emailed the statements in question to The Dallas Observer, D Magazine, and the Dallas Morning News. The complaint states that Nourallah removed the statements from the blog before the lawsuit was filed. The blog itself is no longer available.

According to press accounts (here, here), on the same day David and Bend Studio filed their lawsuit, the board of directors for the Anju Gill Foundation filed a suit against David and Bend over the disputed funds.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source: Dallas Observer

 

RPK

Priority: 

1-High

Merrill Lynch v. "Tyler Durden"

Date: 

05/12/2009

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

"Tyler Durden"; Zero Hedge

Type of Party: 

Large Organization

Type of Party: 

Individual

Publication Medium: 

Blog

Status: 

Pending

Disposition: 

Material Removed

Description: 

In May 2009, lawyers for Merrill Lynch sent cease-and-desist letters alleging copyright infringement to"Tyler Durden" of the financial blog Zero Hedge over six posts that cited or excerpted from Merrill Lynch reports authored by Merrill's former chief economist, David Rosenberg. According to Reuters, Zero Hedge is "an insider financial blog whose writers believe the worst of the meltdown is yet to come," and the Rosenberg reports jive with this bearish view of the economy.  

In a post about the takedown requests, Durden announced that he would take down the posts, primarily out of concern over the cost of hiring a lawyer, but he told Reuters that he hadn't yet ruled out consulting a lawyer. Because the disputed posts are down, it is impossible to tell how much of the Rosenberg reports Durden used.

Content Type: 

Subject Area: 

Threat Source: 

RSS

Digital Broadband Networks v. Does

Date: 

12/01/2003

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Dbbdisfunny; Dalilama; Stock Pick; Smoother 1999; WNSRFR; MrWrightAide; pseeker; Does 1-10

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of New Jersey; Superior Court of New Jersey, Appellate Division

Legal Counsel: 

Paul Alan Levy - Public Citizen Litigation Group, Richard Ravin - Hartman & Winnicki, P.C. (for pseeker)

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Concluded

Disposition: 

Subpoena Enforced

Description: 

Digital Broadband Networks and its president Patrick Lim sued seven pseudonymous internet posters in New Jersey state court for defamation over statements on electronic bulletin boards dedicated to Digital Broadband on Ragingbull.com and on general messages boards on Yahoo. The company alleged that the purpose of the postings was to drive its stock price down in order to reap profits through short selling.

Digital Broadband filed a motion for permission to engage in pre-litigation discovery to uncover the identities of the anonymous posters.  In a March 2004 hearing, the trial court granted the motion, allowing the company to subpoena Yahoo! and Lycos, the operator of the Raging Bull forum.  

One of the posters, "pseeker," filed a motion for permission to take an immediate appeal to the Superior Court of New Jersey, Appellate Division, in order to prevent the disclosure of his/her identity. Public Citizen's Litigation Group filed a brief supporting pseeker's right to appeal. The record is not clear about the result of this motion or what, if anything, happened after the appeal. 

Jurisdiction: 

Content Type: 

Subject Area: 

Priority: 

1-High

Dolen v. Ryals (Email)

Date: 

11/05/2008

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

BustedScammers.com; Julie Ryals

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Publication Medium: 

Website

Status: 

Concluded

Disposition: 

Lawsuit Filed

Description: 

According to BustedScammers.com on November 5, 2008, Deborah Dolen, author of several "Do It Yourself" craft books, requested all information about her be removed from their website.  BustedScammers.com also alleges Dolen threatened the owner of their hosting company with legal action.

On December 22, 2008, Dolen filed a lawsuit against Julie Ryals, the owner of the hosting company that hosts BustedScammers.com.  

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source: Marc Randazza, via e-mail

Priority: 

1-High

Dolen v. Ryals (Lawsuit)

Date: 

12/22/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Julie Ryals, aka "The Design Shoppe"; Jane Doe Libel Cyberstalker; Mary Joanne Kidd; Jeffery Kidd; Mary Harvey

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of Texas; United States District Court for the Middle District of Florida

Case Number: 

4:08-cv-03708; 8:09-CV-2120

Verdict or Settlement Amount: 

$6,300.00

Legal Counsel: 

Kent Rowald (for Julie Ryals, Mary Joanne Kidd, Jeffery Kidd, and Mary Harvey)

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

On December 22, 2008, Deborah Dolen, author of several "Do It Yourself" craft books, sued Julie Ryals and an unknown poster, listed on the complaint as "Jane Doe Libel Cyberstalker," for negative statements about Dolen that appeared on BustedScammers.com.  Dolen, acting pro se, alleged internet fraud, cyberstalking, libel, defamation, and disparagement. She requested a temporary injunction shutting down Ryals' servers hosting The Design Shoppe.com and BustedScammers.com, as well as $100,000 for each "violation."

On January, 21, 2009, Dolen filed an amended complaint which added Mary Joanne Kidd, Jeffery Kidd, and Mary Harvey as defendants alleging that Mary Kidd was the co-owner of BustedScammers.com and that Jeff Kidd and Harvey committed libel through chat room activity.  Dolen also added counts of trade libel and copyright infringement.  

On February 18, 2009, Ryals filed an answer and counterclaims as well as a motion for summary judgment.  Ryals' answer denied that she had any ownership interest in BustedScammers.com, and her counterclaims alleged that Dolen defamed and slandered her on Topix.com.  Ryals' requested an injunction preventing Dolen from contacting her or posting information about her.  Ryals also alleges that Dolen is cybersquatting on JulieRyals.com and requests transfer of the domain name to her. The Kidds and Harvey submitted substantially similar answers, counterclaims, and motions for summary judgment.  

On February 27, 2009, the court determined Dolen's current claims may be adversely affected by her bankruptcy matter, and the court stayed the case until bankruptcy proceedings concluded.  The court lifted the stay and reinstated the defendants' claims against Dolen in September 2009.

On September 17, 2009, Kent Rowald, the defendants' lawyer, filed a third-party complaint against Dolen, claiming that Dolen had defamed him. The court severed Rowald's complaint from the case, and ordered both parties to remove from the Internet all critical comments each made about the other.

In October 2009, the court sua sponte ordered the case transferred to the Middle District of Florida.

On June 17, 2010, Dolen filed a second amended complaint, wherein she made claims of trademark infringement, defamation, false light, and intentional infliction of emotional distress against Ryals. Dolen's new complaint made no claims against Mary Kidd, Jeffery Kidd, or Mary Harvey. Both Ryals and the Kidds filed answers and counterclaims. The Kidds also filed a motion for judgment on the pleadings, based on their absence from the second amended complaint.

On October 19, 2010, Dolen moved to be allowed to file a third amended complaint.

On February 24, 2011, the court granted the Kidds' motion for judgment on the pleadings and dismissed Dolen's claims against them with prejudice.  The court also dismissed the counterclaims the Kidds made in their response to Dolen's second amended complaint.  Further, the court denied Dolen's motion to file a third amended complaint.

Update:

April 18, 2011: A jury trial on the remaining claims in the case begins.

April 22, 2011: The court grants cross-motions for judgment as a matter of law, finding that Dolen had failed to present evidence legally sufficient to sustain her claims against Ryals, and that Ryals had failed to present evidence legally sufficient to sustain her counterclaim against Dolen.

April 25, 2011: The court enters judgment in favor of Ryals on Dolen's claims, and in favor of Dolen on Ryals's counterclaim.

May 5, 2011: The defendants move for an award of attorneys' fees, seeking $218,189.10 in attorney's fees and litigation costs.

Feburary 10, 2012: A magistrate judge issues a report and recommendation that the defendants be awarded $6,300 in attorney's fees, identifying twelve frivolous motions filed by the plaintiff. The magistrate rejects the defendants' argument for further fees and costs.

March 22, 2012: The court adopts the magistrate's report and recommendation, and orders the entry of judgment in favor of the defendants for 6,300.

March 23, 2012: Judgment enters consistent with the March 22 order.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Front page of BustedScammers implies that there was an e-mail threat too.  Worth contacting Ryals if possible to find out more.

Blogger with knowledge who offers to help: Dustin Cagnina 708-209-1746.

Source: Marc Randazza, via e-mail

GSPENCE COMMENTS UNPUBLISHED FOR VIOLATION OF COMMUNITY GUIDELINES (PERSONAL ATTACKS; FALSE CHARACTERIZATION OF THE COURT PROCEEDINGS) .  PLEASE DO NOT PUBLISH.

Priority: 

1-High

Eppley v. Iacovelli

Date: 

03/30/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Lucille Iacovelli

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of Indiana

Case Number: 

1:09-cv-00386

Legal Counsel: 

Lucille Iacovelli - Pro Se

Publication Medium: 

Blog
Email
Forum
Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Injunction Issued

Description: 

On March 30, 2009, Dr. Barry Eppley, a plastic surgeon in the Indianapolis area, filed a lawsuit against former patient, Lucille Iacovelli.  The complaint included claims for defamation, trade disparagement, harassment, false designations and descriptions of fact, and false light publicity based on webpages, videos, and postings Iacovelli allegedly made regarding her past surgery experience with Eppley.  Eppley also asked for a temporary restraining order prohibiting Iacovelli from carrying out or writing about an alleged plan to commit suicide and publicize it in order to destroy his career. 

The court granted a temporary restraining order preventing Iacovelli from publishing anything related to a suicide attempt, her prior treatment by Eppley, or commenting on Eppley's role in preventing the suicide attempt the same day. Following a hearing on April 8, 2009, U.S. District Court Judge Sarah Barker issued an order extending the temporary restraining order until April 18. 

On April 9, 2009, Iacovelli filed an answer to Eppley's complaint and counter sued Eppley, his lawyer Todd Richarson, and Lewis & Kappes (Richardson's law firm). On April 13, 2009, the court accepted Iacovelli's answer to the complaint but rejected her counterclaims as not conforming to the Federal Rules of Civil Procedure. 

On April 17, the court granted Eppley's motion for a preliminary injunction.  The court found that Iacovelli's speech would not likely be protected by the First Amendment due to its defamatory and likely false nature as well as its lack of advancement of debate on a public issue. 

The preliminary injunction prevents Iacovelli or anyone in active concert with her from posting on the internet or emailing about Eppley, Eppley's attorneys, Lewis & Kappes, or referencing Eppley's actions with respect to Iacovelli's suicide threats.  It also requires her to remove any information about Eppley from any websites she controls, remove www.eppleyplasticsurgerysucks.com, www.barryeppleyplasticsurgeon.com, and www.lewis-kappessucks.com in their entirety, and refrain from registering any new websites that use Eppley's name.  It also requires her to remove any links to the listed websites until the conclusion of the lawsuit. 

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source: IBJ.com

RPK

Priority: 

1-High

Duran v. Andrew

Date: 

09/15/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Christopher Andrew; Tom Nishio; Does 1-100

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Eastern District of Missouri

Case Number: 

4:08CV1400

Legal Counsel: 

David Corwin and Vicki Little - Devereux Murphy

Publication Medium: 

Email

Relevant Documents: 

Status: 

Pending

Description: 

On September 15, 2008, Dan Duran, CEO of the U.S. Soybean Export Council, sued two former Council employees and several anonymous Internet users over emails that allegedly defamed him.  Christopher Andrew, one of the former employees, allegedly sent several emails containing defamatory statements about Duran and manufactured a photo of Duran "posing in a friendly manner with Kim Jong-Il, a dictator of an enemy country."

Duran's original complaint sought a permanent injunction against the defendants preventing them from "[p]ublishing and re-publishing by any means, including electronic mail, any further defamatory, scandalous, desultory, false statements concerning Plaintiff, Plaintiff’s personal life, and Plaintiff’s professional activities."  Duran also sought damages in excess of $75,000.

On October 6, 2008, Andrew made a motion to dismiss the complaint arguing that Duran had not properly filed service of process and failed to state a valid claim.  The court found that Duran had properly stated claims for defamation and injurious falsehood and that Andrew's statements were not opinion protected by the First Amendment.  The court did find that the doctored photos "clearly represent[ed] imaginative expression, rather than assertions of objective fact" and dismissed the claims related to its publication.  

In mid April 2009, Duran made a motion to dismiss the Doe defendants and Tom Nishio.

Update:

5/20/2009 - Jury trial scheduled to begin April 5, 2010. 

 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

RSS

CMLP Notes: 

Note: It appears that Andrew (and maybe others) were fired from their jobs for the same or related e-mails as those at issue in the case.  Whoever edits this entry should look into whether the firings merit a separate threat entry. {MCS}

Source: Volokh Conspiracy

 

RPK

updated 6/18/09 - CMF

Priority: 

1-High

FORBA v. Hagan

Date: 

11/14/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Debbie Hagan

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Western District of Kentucky (Ownsboro)

Case Number: 

4:08-cv-00137-JHM

Legal Counsel: 

Pro se

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Injunction Issued
Withdrawn

Description: 

FORBA Holdings, a dental practice management company, sued blogger Debbie Hagan after she posted internal FORBA documents on her blog, Dentist the Menace, which covers alleged misconduct in the dental profession.

According to the complaint, Google search crawlers indexed a password-protected FTP site hosting FORBA internal documents, and Hagan was able to obtain copies of these documents through a Google search for the term "forbainfo.com." The documents in question included marketing materials, recruitment strategy information, spreadsheets and facility information lists, as well as internal PowerPoint presentations. Hagan allegedly provided links to certain of the FORBA documents and posted copies of others for viewing and download.  FORBA contended that, by posting these materials, Hagan misappropriated trade secrets embodied in the confidential documents and infringed its copyrights in the PowerPoint presentations.  

FORBA also alleged that Hagan defamed the company on her blog by falsely claiming that FORBA engaged in "barbaric back alley dentistry and abusing children children in the process."

After filing suit, FORBA moved for a preliminary injunction barring Hagan from publishing its confidential and copyright-protected materials.  In November 2008, Hagan consented to the entry of a permanent injunction prohibiting her from publishing or posting "any internal and/or copyrighted documents or other information of FORBA obtained, directly or indirectly, through access to the FORBA FTP Site . . . and/or . . . any other internal and/or confidential FORBA documents or information. . . ."

FORBA subsequently dismissed its defamation claim voluntarily, and later moved to voluntarily dismiss the entire case without prejudice, leaving the consent injunction in n full force and effect. The court granted the motion in April 2009, dismissing the case and leaving the consent injunction in place. 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

User Feedback

CMLP Notes: 

Via Marc Randazza

Priority: 

2-Normal

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