Powermark Homes v. John Doe

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Lawsuit

Date: 

05/25/2007

Status: 

Pending

Location: 

Ohio

Disposition: 

Dismissed (total)

Verdict or Settlement Amount: 

N/A
Powermark Homes Inc., a homebuilder in Ohio, and two of its principals, Mark and Lisa Powers, sued the anonymous operator of Powermark Homes Alert.  At the time of the suit, the homepage for the site included a picture of Mark... read full description
Parties

Party Receiving Legal Threat: 

John Doe; Domains By Proxy Inc.

Type of Party: 

Individual
Organization

Type of Party: 

Individual
Organization

Location of Party: 

  • Ohio

Legal Counsel: 

Edward A Icove; Gregory A Beck - Public Citizen Litigation Group; Christopher Bechhold
Description

Powermark Homes Inc., a homebuilder in Ohio, and two of its principals, Mark and Lisa Powers, sued the anonymous operator of Powermark Homes Alert.  At the time of the suit, the homepage for the site included a picture of Mark and Lisa Powers and the statements "The Truth Exposed" and "Do you really want to do business with this Ohio Home Builder?"

On May 25, 2007, Plaintiffs filed a lawsuit against the site's operator identified only as "John Doe" and against Domains By Proxy Inc., the site's domain name registrar, asserting claims of defamation, misappropriation, false-light publicity, and disparagement.  Plaintiffs also sought a temporary restraining order "requiring Defendants to remove the false and defamatory website."  Neither the original complaint nor plaintiffs' amended complaint appear to identify with specificity the statements they claim are false and defamatory.

Plaintiffs subpoenaed Domains by Proxy for Doe's identifying information and also sent them DMCA takedown notices demanding that the site be taken down.   After Domains by Proxy notified Doe, he filed a pro se, anonymous answer and several motions to quash.  Shortly after Doe made these filings, the Public Citizen Litigation Group entered the case on Doe's behalf filed briefs in support of Doe's motions.

Update:

12/15/2008 - Court granted Doe and Domains by Proxy's motion to dismiss and motion for summary judgment respectively.  No written order was issued.  Docket entry reads:

D1 John Doe(Real Name Unknown) Motion To Dismiss Pltfs' Amended Complaint Edward A Icove 0019646, Filed 08/28/2007, Is Granted. D2 Domains By Proxy Inc. Motion For Summary Judgment Christopher Bechhold 0014192, Filed 10/11/2007, Is Granted. Final. Court Cost Assessed To The Plaintiff(S).

Details

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Defamation
  • Anonymity
  • Gripe Sites
Court Information & Documents
CMLP Information (Private)

Priority: 

1-High

Threat Source: 

Public Citizen