Recent Threats Added to the DMLP Database

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.

Lifestyle Lift Holding, Inc. v. Leonard

Date: 10/19/2007
Status: Concluded
Disposition: Dismissed (total)
Type: Lawsuit
Jurisdiction: Michigan
Publication: Forum
In October 2007, Lifestyle Lift Holding, Inc. sued Justin Leonard and his company Leonard Fitness, Inc. for trademark infringement, trademark dilution, and false advertising. Leonard runs the forum website infomercialscams.com, which gives consumers the opportunity to voice their criticisms and...
- 05/09/2008 - 1:57pm - 0 comments

Phillips v. BoroughVENT.com

Date: 04/08/2008
Status: Pending
Disposition: n/a
Type: Lawsuit
Jurisdiction: Pennsylvania
Publication: Forum
BoroughVENT.com, an online forum to discuss the Borough of Gettysburg, PA and surrounding region, and one of its adminstrators, Debra Golden, were the recipients of a complaint filed with the Pennsylvania Human Relations Commission. The complaint, brought by two...
- 05/08/2008 - 12:54pm - 1 comments

Ampersand Publishing v. Santa Barbara Independent

Date: 10/26/2006
Status: Concluded
Disposition: Dismissed (partial), Settled (total)
Type: Lawsuit
Jurisdiction: California
Publication: Blog
In October 2006, Ampersand Publishing LLC, the company that owns the Santa Barbara News-Press, filed a lawsuit against Santa Barabara Independent, Inc., publisher of the Santa Barbara Independent, another local newspaper. The case arose out of Independent editor Nick Welsh's posting of...
- 05/07/2008 - 5:52pm - 0 comments

Center for Consumer Freedom v. Marion Nestle

Date: 01/29/2008
Status: Pending
Disposition: n/a
Type: Correspondence
Jurisdiction: District of Columbia
Publication: Blog
Dr. Marion Nestle, who publishes the blog What To Eat, criticized the Center for Consumer Freedom (CCF) in a blog post, accusing the CCF of, among other things, receiving its funding from and serving as a mouthpiece for...
- 05/02/2008 - 4:49pm - 0 comments

2clix v. Wright

Date: 08/17/2007
Status: Concluded
Disposition: Withdrawn
Type: Lawsuit
Jurisdiction: Australia
Publication: Forum
In August 2007, 2Clix Australia sued Simon Wright, the founder of Australian broadband discussion forum Whirlpool, for alleged "injurious falsehood." According to 2Clix, Wright permitted anonymous users of the forum to post unmediated comments, and two threads contained "false and malicious" comments...
- 05/02/2008 - 3:00pm - 0 comments

Bauer v. Wikimedia

Date: 01/31/2008
Status: Pending
Disposition: Dismissed (partial)
Type: Lawsuit
Jurisdiction: New Jersey
Publication: Blog, Website, Wiki
In January 2008, literary agent Barbara Bauer and her company Barbara Bauer Literary Agency, Inc. filed a lawsuit in New Jersey State court against twenty-two defendants, including the Wikimedia Foundation. The complaint includes claims for defamation, tortious interference with prospective business...
- 05/02/2008 - 10:10am - 0 comments

U.S. Treasury Department v. Marshall

Date: 10/01/2007
Status: Concluded
Disposition: n/a
Type: Other
Jurisdiction: District of Columbia
Publication: Website
Steve Marshall, an English travel agent operating out of Spain, had approximately 80 of his websites shut down as a result of the U.S. Treasury Department's placing them on its blacklist. Many of the sites discussed Cuba, some ...
- 04/29/2008 - 9:10pm - 0 comments

Eclipse Aviation Corporation v. John Doe

Date: 04/14/2008
Status: Concluded
Disposition: Withdrawn
Type: Subpoena
Jurisdiction: California
Publication: Blog
Eclipse Aviation, a manufacturer of "affordable" jets, recently sent a subpoena to Google seeking to uncover the identities of 28 users who posted on the blog Eclipse Aviation Critic NG, which Google hosts on its ...
- 04/25/2008 - 2:20pm - 0 comments

Northland Insurance Companies v. Blaylock

Date: 02/08/2000
Status: Concluded
Disposition: Injunction Denied, Settled (total)
Type: Lawsuit
Jurisdiction: Minnesota
Publication: Website
In February 2000, Northland Insurance Companies (Northland) sued Patrick Blaylock in federal court in Minnesota, claiming trademark infringement, trademark dilutions, and violations of the Anticybersquatting Consumer Protection Act (ACPA). The case revolved around Blaylock's registration and operation of gripe sites at ...
- 04/25/2008 - 10:34am - 0 comments

Creation Science Evangelism v. Rational Response Squad

Date: 09/16/2007
Status: Concluded
Disposition: n/a
Type: Correspondence
Jurisdiction: Pennsylvania
Publication: Website
In September 2007, Creation Science Evangelism (CSE), a creationist group founded by Kent Hovind, recently sent a raft of DMCA takedown notices to YouTube complaining that various user-posted videos infringed its copyrights in videos of its seminars. Among those users whose videos...
- 04/24/2008 - 8:54pm - 0 comments

Matrixx Initiatives v. Barbary Coast Capital

Date: 02/11/2005
Status: Concluded
Disposition: n/a
Type: Subpoena
Jurisdiction: California
Publication: Forum
Anonymous users posted negative comments about Matrixx Initiatives on the Yahoo! Finance and Silicon Investor message boards. Matrixx filed a lawsuit against the anonymous "John Doe" posters in an Arizona court alleging defamation and other claims. Matrixx received information from Yahoo! that...
- 04/24/2008 - 7:37pm - 0 comments

Patterson v. Cole

Date: 02/27/2008
Status: Pending
Disposition: n/a
Type: Correspondence
Jurisdiction: Texas
Publication: Blog
Benjamin Cole, writer for SBCOutpost.com, a collaborative "Southern Baptist news & commentary" blog, received a cease and desist letter from counsel representing Dr. Paige Patterson, president of Southwestern Baptist Theological Seminary. Cole had criticized Patterson in a ...
- 04/24/2008 - 5:11pm - 0 comments

Nemet v. ConsumerAffairs.com

Date: 03/17/2008
Status: Concluded
Disposition: Dismissed (total)
Type: Lawsuit
Jurisdiction: Virginia
Publication: Website
Nemet Chevrolet and its owner Tom Nemet filed a lawsuit against ConsumerAffairs.com, a consumer ratings site run by former reporter James Hood, for publishing user complaints against his company. Nemet claims the postings published on the site constitute defamation, tortious interference...
- 04/24/2008 - 3:56pm - 0 comments

Ancel v. Bowles

Date: 03/05/2008
Status: Concluded
Disposition: n/a
Type: Correspondence
Jurisdiction: Connecticut
Publication: Website
Amy Ancel, a local politician in Connecticut, posted a comment on WestportNow.com, a community news site in Westport Connecticut, in which she accused two users of the site of libeling her. The disputed comments occurred in a...
- 04/18/2008 - 2:01pm - 0 comments

Frisco Fairways Homeowners Association v. Snell

Date: 02/15/2008
Status: Concluded
Disposition: Settled (total)
Type: Lawsuit
Jurisdiction: Texas
Publication: Forum
In February 2008, the Frisco Fairways Homeowners Association filed a defamation suit against three homeowners after they posted critical comments about the association on an online community forum. According to the Dallas News, the lawsuit claims that Mr. Snell,...
- 04/18/2008 - 12:40pm - 0 comments

Higher Balance Institute v. Signs of the Times

Date: 02/25/2008
Status: Pending
Disposition: Dismissed (total)
Type: Lawsuit
Jurisdiction: Oregon
Publication: Forum
On March 13, 2008, Higher Balance Institute (HBI), which markets metaphysical products and education programs, filed a defamation lawsuit against the alternative news website Signs of the Times and its operators, the Quantum Future Group and Laura Knight-Jadczyk. Only Quantum Future...
- 04/18/2008 - 12:09pm - 0 comments

Oregon v. Justia

Date: 04/07/2008
Status: Concluded
Disposition: Withdrawn
Type: Correspondence
Jurisdiction: California
Publication: Website
On April 7, 2008, the Legislative Counsel Committee of the State of Oregon sent a cease-and-desist letter to Justia, a free online resource for judicial decisions and statutes, claiming that Justia's posting of the...
- 04/17/2008 - 3:07pm - 0 comments

Religious Technology Center v. Wikileaks

Date: 03/27/2008
Status: Pending
Disposition: n/a
Type: Correspondence
Jurisdiction:
Publication: Wiki
On March 28, 2008, a lawyer for the Religious Technology Center (RTC), the entity that owns copyright in the Church of Scientology's writings and religious materials, sent an email to Wikileaks alleging copyright infringement. The email...
- 04/14/2008 - 4:43pm - 0 comments

Gatto v. Capeci

Date: 01/29/2008
Status: Pending
Disposition: n/a
Type: Other
Jurisdiction: New York
Publication: Website
On January 29, 2008, Domenic Gatto and Atlantic Express Transportation Corp. filed a special proceeding in New York Supreme Court, Richmond County, seeking permission to file a sealed lawsuit for defamatioin against Jerry Capeci. Capeci, a former organized crime reporter with The...
- 04/11/2008 - 4:32pm - 0 comments

FranklinCovey v. Lycos, Inc. (takedown notices)

Date: 08/02/2007
Status: Concluded
Disposition: Lawsuit Filed
Type: Correspondence
Jurisdiction: Massachusetts
Publication: Website
On August 2, 2007, FranklinCovey, the owner of the copyright in the book The 7 Habits of Highly Effective People, sent a DMCA takedown notice to Lycos, alleging copyright infringement. Lycos operates Angelfire, a website that offers free space, as well...
- 04/11/2008 - 1:47pm - 0 comments

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