Warranty Automotive Services v. Does

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: 

04/06/2010

Status: 

Pending

Location: 

Georgia

Verdict or Settlement Amount: 

N/A
On April 6, 2010, Warranty Automotive Services Corp. filed a complaint in federal district court against unnamed Does for claims arising out of defendants' operation of a website at www.lifetimewarrantymyths.com. The Complaint indicates that plaintiff believes the defendants may be residents of... read full description
Parties

Party Receiving Legal Threat: 

John Does 1-5 and ABC Corporations 1-5

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Location of Party: 

  • Georgia
Description

On April 6, 2010, Warranty Automotive Services Corp. filed a complaint in federal district court against unnamed Does for claims arising out of defendants' operation of a website at www.lifetimewarrantymyths.com. The Complaint indicates that plaintiff believes the defendants may be residents of Connecticut who own or are otherwise affiliated with a car dealership that is a former customer of Warranty Automotive Services, Premier Subaru, LLC of Branford, Connecticut. (Complaint ¶¶ 20-24.)

According to the Complaint, Warranty Automotive Services Corp. sells lifetime warranty services to automotive dealerships, which extend the manufacturer's limited powertrain warranty for new vehicles for as long as the original purchaser of the vehicle owns it. Plaintiff alleges that in January 2010, defendants began publishing a website at www.lifetimewarrantymyths.com that contains a number of false and defamatory statements about plaintiff's services, including allegations that plaintiff "has been guilty of causing 'consumer confusion,' . . . that plaintiff's lifetime warranty is and will be worthless. . . . that plaintiff has been 'fined' by the Federal Trade Commission, and that the warranty which plaintiff markets and sells is a 'marketing tool to compensate for inherent deficiencies in either [plaintiff's] product, their process or both.'" (Complaint ¶ 14.)  The Complaint further alleges that defendants, throught their website, make claims that plaintiff operates a fraudulent "pyramid scheme." (Complaint ¶ 15.)

The Complaint asserts causes of action for (i) defamation; (ii) tortious interference with prospective economic advantage; (iii) trade libel; (iv) unfair business practices in violation fo O.C.G.A. § 10-1-370 et seq.; and (v) violation of the Cyber Piracy Prevention Act, 15 U.S.C. § 1125(d) (based on defendants' "labeling and positioning their website, 'www.lifetimewarrantymyths.com,' and by using metatags, and otherwise" in a manner alleged to have infringed plaintiff's rights in its WASCOR trademark).

Details

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Defamation
  • Trademark
  • Anonymity
  • Trade Libel
  • Business Torts
  • Gripe Sites
  • Consumer Ratings and Reviews
  • Domain Names
Court Information & Documents

Jurisdiction: 

  • Georgia

Source of Law: 

  • United States
  • Georgia

Court Name: 

United States District Court for the Northern District of Georgia

Court Type: 

Federal

Case Number: 

1:10-CV-1006-JEC

Relevant Documents: 

CMLP Information (Private)

Threat Source: 

Westlaw Alert