Photo

Zammito v. Havrda

Date: 

11/19/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Richard Havrda

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the District of Massachusetts

Case Number: 

1:08-CV-11936

Legal Counsel: 

Pro se

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Material Removed
Settled (total)

Description: 

Automobile salesman Chris Zammito sued former employee Richard Havrda over a gripe site Havrda created at www.zammitoautogroup.com.  Zammito's complaint brought trademark infringment and cybersquatting claims over the site's use of the name "Zammito Auto Group."  As part of the cybersquatting claim, Zammito noted that Havrda offered to sell the domain for $1,000 and a $100 restaurant gift card. Zammito also brought a defamation claim arising from the site's inclusion of a photograph of Zammito and various derogatory statements about Zammito, his family, and the company.

Havrda disputed Zammito's claims in his answer.  He claimed that at least one of the disputed website statements was quoted from Zammito himself, who allegedly "loudly proclaimed the derogatory statements about his wife in a drunk and disorderly fashion" at a dinner with Havrda and others at Black Bass Grille -- the restaurant for which Havdra requested a gift card.  See Havrda's Answer at ¶ 10. 

Havrda's answer also stated that he already had removed the disputed site content per Zammito's request.  Havrda attached to his answer a letter in which he apologized to Zammito and his family and promised to surrender the zammitoautogroup.com domain. 

Two months after Havrda filed his answer and apology letter, the parties stipulated to dismissal of the case with prejudice, suggesting that they reached a settlement.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

RSS

CMLP Notes: 

Source: Dozier Internet Law

Priority: 

1-High

Harding v. Green

Date: 

12/22/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Joan L. Green

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the District of Nevada

Case Number: 

2:08-cv-01799

Legal Counsel: 

Pro Se

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Injunction Issued
Material Removed
Settled (total)

Description: 

Nevada attorney Samuel A. Harding filed a defamation and cybersquatting lawsuit against Joan L. Green after Green allegedly created a website critical of Harding at www.attorneysamharding.com. Harding alleged that Green's site "falsely states that Plaintiff committed illegal and criminal acts in the representation of clients." Harding's Complaint ¶ 11. Harding also alleged that Green was using his professional name and service mark in her domain name with a bad-faith intent to profit and in a manner likely to confuse Internet users.

The complaint claims Harding tried to the resolve the dispute by asking Green to transfer the domain to him. Green allegedly responded by putting the domain up for sale on auction site Afternic.com. The complaint seems to rely on Green's attempted sale of the domain to argue that Green had a bad-faith commercial motivation for launching the site. See Harding's Complaint ¶¶ 13-14, 17-18.

In the suit, Harding filed a motion for a temporary restraining order and preliminary injunction that would (1) prevent Green from using Harding's name and service mark (2) order Green and registrar Register.com to transfer the attorneysamharding.com domain to Harding. The court granted the motion, but it ordered only that Register.com "lock" the domain so that Green could not sell it.

Harding later dropped his motion for preliminary injunction on the ground that he had "obtain[ed] some of the relief sought by his Motion for Preliminary Injunction." See Harding's Motion to Vacate Hearing on Motion for Preliminary Injunction at pg. 1.  A website favorable to Harding soon appeared at the attorneysamharding.com domain.

On February 13, 2009, Green, acting pro se, filed her answer to the complaint. Harding filed a motion to strike Green's answer on the ground that it failed to comply with various rules of civil procedure.

Update:

04/27/2009 - Greeen filed her Counterclaim and Complaint for Damages.

08/26/09 - The parties appeared before federal magistrate judge Hon. Lawrence Leavitt for oral argument, and Green agreed to dismiss her counterclaims against Harding.

10/14/2009 - After the parties settled, the court dismissed the case pursuant to a Stipulation and Order for Dismissal, With Prejudice, of All Claims and Counterclaims, and for a Permanent Injunction. In the order, the parties stipulated that the court would enter a permanent injunction against Green prohibiting her from "(1) using Harding's name or confusingly similar variations thereof, alone or in combination with any other letter, word, letter string, phrase or design, for any purpose (including, but not limited to, on web sites and in domain names); and (2) registering owning, leasing, selling, or trafficking in any domain name containing Harding's name or service mark, or confusingly similar variations thereof, alone or in combination with any other letters, words, phrases or designs."

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google Blogs

CMLP Notes: 

Source: Dozier Internet Law

Priority: 

1-High

Nicolazzo v. Yoingco

Date: 

02/26/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Dennis Yoingco

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Court of Common Pleas of Ohio, Clermont County

Case Number: 

2007 CVC 0354

Legal Counsel: 

Dennis Yoingco (Pro Se)

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Verdict (defendant)

Description: 

After a dispute arose about Flora Nicolazzo's failure to make payments to Dennis Yoingco for the sale of a bulldog, Yoingco allegedly posted "websites and other internet messages and postings defaming [Flora and Robert Nicolazzo], including a copy of her driver's license and a mock wanted poster later edited to say 'Captured.'"  The Nicolazzos filed a lawsuit in Ohio State Court, claiming defamation, false light invasion of privacy, abuse of process, telecommunications and telephone harassment, and intentional infliction of emotional distress.  

Yoingco filed a motion to dismiss, and the court denied the motion with regard to each of the Nicolazzo's claims, except the claims for telecommunications and telephone harassment, which the court dismissed.  See Nicolazzo v. Yoingco, 898 N.E.2d 94 (Ohio Ct. Cm. Pls. 2007). The case went to trial in November 2007, and the jury returned a judgment in favor of Yoingco. 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Westlaw Alert

Priority: 

1-High

Hey Douchebag! Your Chicks' Case is Outta Here!

Yvette Gorzelany, Joanna Obiedzinski, and Paulina Pakos are the latest plaintiffs to seek a big payday from Simon & Schuster over the book Hot Chicks with Douchebags.

Jurisdiction: 

Content Type: 

Subject Area: 

Carafano v. Metrosplash.com

Date: 

10/27/2000

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Metrosplash.com; Matchmaker.com; Lycos, Inc.

Type of Party: 

Individual

Type of Party: 

Organization

Court Type: 

Federal

Court Name: 

Superior Court of the State of California, County of Los Angeles; United States District Court for the Central District of California

Case Number: 

CV-01-0018 (federal)

Legal Counsel: 

Timothy L. Alger

Publication Medium: 

Social Network

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)
Material Removed

Description: 

Actress Christianne Carafano (stage name Chase Masterson) sued Matchmaker.com, an internet dating site, after a user created a fake profile using Masterson's name, address, telephone number, and pictures.  

Matchmaker.com is an internet dating site that allows members to post their own profiles and search a database of other members' profiles.  Members fill out a  questionnaire, and their answers become part of their profile.  Matchmaker.com does not seek to verify the identity of  members or the accuracy of the profiles.  In addition, all members must agree to the Matchmaker Disclaimer, which prohibits users from putting their home address, e-mail address, or telephone number in their profile.

An anonymous individual created a Matchmaker.com profile under the name "Chase529."  The profile listed Carafano's home address and e-mail address, and included four pictures of her.  Among other things, the answers to the questionnaire indicated that the user was "looking for a one night stand" and "might be persuaded to have a homosexual experience."   Carafano claims that she received obscene phone calls and e-mails as a result of the profile.   

After learning about the profile, Carafano contacted the police.  Two days later, Carafano's website manager contacted Matchmaker.com.  Matchmaker.com removed Chase529's profile from its system.   Carafano subsequently sued Matchmaker.com and its corporate successors (Metrosplash.com and Lycos Inc.) for defamation, invasion of privacy through publication of private facts, violation of the right of publicity, and negligence.

Matchmaker.com claimed that it was immune from liability because of section 230 of the Communications Decency Act ("Section 230").  Section 230 states that "[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."    Carafano argued that Matchmaker.com was not simply a passive service, but actually provided content since it supplied the multiple-choice questionnaire used to create profiles. 

The district court rejected Matchmaker.com's argument based on Section 230, finding that it was partly responsible for providing profile content.  The court nevertheless granted summary judgment to the defendants because Carafano had failed to raise a genuine issue of fact for essential elements of her claims.

The Ninth Circuit affirmed the district court's ruling, but on different grounds. It held that Section 230 immunized the defendants because "Matchmaker cannot be considered an 'information content provider' under the statute because no profile has any content until a user actively creates it."  

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Court Filings

Priority: 

1-High

Breaking News: Virgin America Sues Blog Over Parody Ad

Earlier this week, California-based airline Virgin America filed a six-count complaint against the publisher and editors of Adrants, a blog focused on the advertising industry, after they published a post that was paired with a fake ad containing the Virgin logo and the statement, "The Hudson Crash: Just One More Reason to Fly Virgin."  The post has since been removed, but a cached version is available

Jurisdiction: 

Content Type: 

Subject Area: 

Virgin America v. Adrants Publishing

Date: 

01/26/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Adrants Publishing, LLC; Steve Hall; Angela Natividad; Nina Aldredge

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Court Type: 

Federal

Court Name: 

United States District Court for the Northern District of California

Case Number: 

3:09-cv-00337-BZ

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Disposition: 

Material Removed

Description: 

California-based airline Virgin America filed a six-count complaint against the publisher and editors of Adrants, a blog focused on the advertising industry, after it published a post that was paired with a fake ad containing the Virgin logo and the statement, "The Hudson Crash: Just One More Reason to Fly Virgin."  The post has since been removed, but a cached version is available here.

Virgin filed its complaint on January 26, 2009, alleging:

The advertisement consisted of a photograph of the crash of US Airways flight 1549 from January 15, 2009 depicted under the heading “The Hudson Crash: Just One More Reason to Fly Virgin." The posting had an express assertion by Adrants Co-Editor Natividad about the apparent validity of the Virgin America advertisement. However, the depicted photograph was not a Virgin America advertisement and the advertisement was in no way sponsored by or affiliated with Virgin America. Defendants’ posting of the false advertisement on the Adrants.com website was likely to cause consumer confusion as to source, affiliation or sponsorship; was likely to and tended to dilute and tarnish the distinctive nature of and reputation ascribed to Virgin America’s famous name and trademark; and was likely to generate the false belief among consumers that Virgin America had sponsored, endorsed, was affiliated with, and supported Defendants and Adrants.com. 

Virgin's lawsuit asserts claims for trademark and trade name infringement, false designation of origin and false and deceptive advertising, trademark dilution, false and misleading statements, and defamation.

According to press accounts:

In response to a Virgin America email demanding that the picture be removed, Angela Natividad, a head honcho at Adrants, added this copy above the original post: "UPDATE: Clearly, this ad is fake. A spoof. Virgin America has confirmed this. We were always supect from the get go and didn't mean to mislead or misrepresent. So we'll clearly state now: the ad is a spoof. It's not real. Virgin America had nothing to do with its creation."

Jurisdiction: 

Content Type: 

Subject Area: 

Garrett v. The Hook

Date: 

12/19/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Better Publications, L.L.C.; Lindsay Barnes; Courteney Stuart

Type of Party: 

Individual

Type of Party: 

Individual
Organization
Media Company

Court Type: 

State

Court Name: 

Circuit Court for the County of Buckingham, Virginia

Case Number: 

CL08000197-00

Legal Counsel: 

Garrett M. Smith (for Better Publications, L.L.C.)

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Settled (total)

Description: 

Thomas Garrett, a Virginia chicken farmer, publicist, and self-proclaimed "Hollywood insider," sued the publisher of The Hook, a weekly newspaper in Charlottesville that also publishes content on its website. The complaint, filed in Virginia state court in December 2008, alleges that The Hook and two of its reporters defamed Garrett in a series of articles covering state criminal proceedings against him. Specifically, Garrett alleges that one article falsely claimed that he had committed acts of forgery (he pled guilty to a "minor count akin to trespassing" according to the complaint), and that another two articles falsely implied that he had lied about appearing on the cover of Senior Magazine.

In January 2009, Garrett subpoenaed Waldo Jaquith, who runs cvillenews.com, a community news blog about Charlottesville. The subpoena requests identifying information for everyone who posted comments to a blog post Jaquith wrote about Garrett's lawsuit, called "The Hook Sued For Defamation." The subpoena also seeks IP addresses for every viewer of the post. Beyond that, it asks Jaquith for every email or written communication he has sent or received relating to the post or Thomas Garrett, as well as any post, comment, or other writing Jacquith has made on other sites. For more information, see our related database entry, Garrett v. Jaquith.

Update:

4/14/09 - James Creekmore withdrew as Garrett's attorney, according to an article in the Hook.

5/22/09 - Waldo Jacquith reported that Garrett settled his lawsuit with The Hook.  Jacquith wrote that, according to Hook editor Hawes Spencer, "Garrett has agreed to have the case settled with prejudice (meaning he can’t sue the paper again) and, in exchange, they’ve agreed not to sue him."

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google Blogs

Roe v. McClellan

Date: 

07/31/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Jack Justin McClellan

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of California, Los Angeles County; Court of Appeal, Second District, Division 3, California

Case Number: 

PS010050 (trial court); B203651 (appeal)

Legal Counsel: 

Jack Justin McClellan (pro se, trial court hearing); Richard Mario Procida - Law Office of Richard Mario Procida (on appeal)

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Injunction Issued
Material Removed

Description: 

In summer 2007, parents in Santa Clarita, California sought an injunction against Jack McClellan, a self-proclaimed pedophile who maintained websites promoting his belief that "girl-love" is positive and healthy. 

According to the MLRC, McClellan's website stated that its purpose was "to promote association, friendship; and legal, nonsexual, consensual touch[ing] (hugging, cuddling, etc) between men and prepubescent girls."  In 2007, McClellan visited a number of events and places where children congregate in California and the Pacific Northwest in order to photograph children in attendance and to provide commentary on his websites, according to an appellate decision in the case.  His website included photographs of fully clothed children taken at these public events and places.

The Superior Court of California, Los Angeles County, granted a temporary restraining order and preliminary injunction against McClellan and his websites on August 3, 2007.  McClellan was arrested for violating the order and served 10 days in jail.

After a hearing on August 24, 2007, in which McClellan represented himself, the Superior Court issued a permanent injunction barring McClellan from:

(1) harassing, attacking, threatening, assaulting (sexually or otherwise), hitting, following, stalking, keeping under surveillance, blocking the movement, loitering, with or around Jane Roe, Jane Roe 2 [the anonymous plaintiffs], or any minor child; (2) contacting (directly or indirectly), telephoning, sending messages, mailing, e-mailing, photographing, videotaping, and otherwise recording or publishing any image of Jane Roe, Jane Roe 2, or any minor child without the parent or guardian's written consent; (3) taking any action, directly or through others, to obtain the addresses or locations of Jane Roe, Jane Roe 2, or any minor child; (4) being within 10 yards of any place where children congregate, including schools, playgrounds, and child care centers; and (5) loitering where minor children congregate, including, but not limited to schools, parks, and playgrounds.

McClellan appealed, arguing that the injunction violated his First Amendment rights because it was based on the content of his speech that promotes sexual relations with children as being healthy, and because it constituted a prior restraint on his publishing activities. 

The California Court of Appeal, Second District, affirmed the lower court, reasoning that the injunction did not bar McClellan from expressing his views, but rather from voyeuristic and stalking activity that is "offensive, frightening, menacing, and not protected by McClellan's free speech or assembly rights." Although the decision is not entirely clear, it also suggests that McClellan invaded the privacy of those children whose photographs appeared on his website, both by appropriating their likenesses for an exploitative purpose and casting them in a false light.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

CMLP Notes: 

to-do: check for appeal to Cal Supreme

Cohen v. Google (Blogger)

Date: 

01/02/2009

Threat Type: 

Subpoena

Party Receiving Legal Threat: 

Google, Inc. (parent of Blogger.com)

Type of Party: 

Individual

Type of Party: 

Large Organization
Intermediary

Court Type: 

State

Court Name: 

Supreme Court of the State of New York, County of New York

Case Number: 

100012/2009

Legal Counsel: 

Gregory P. Vidler, Debra J. Guzov, Matthew A. Pek, Anne W. Salisbury - Guzov Ofsink, LLC (for the anonymous blogger)

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Material Removed
Subpoena Enforced

Description: 

In January 2009, Fashion model Liskula Cohen petitioned a New York state court for "pre-action" discovery from Google Inc. (on behalf of its subsidiary Blogger.com), seeking the identity of the anonymous operator of the Skanks in NYC blog.  The blog consists of only 5 posts, all posted on the same day in August 2008, and all making derogatory comments about Cohen.  According to court documents, Cohen alleges that the blog entries, including photographs, captions to photographs, and commentary describe her as a "skank" and a "ho," and otherwise depict her as sexually promiscuous, dishonest, and unclean.  She claims that these postings are libelous per se because they impugn her chastity and negatively reflect on her qualifications as a model.

On January 5, the court issued an "order to show cause," which required Google to appear before the court on January 26 for argument about whether disclosure of the blogger's identity should be ordered. 

Update:

1/26/09 - At a hearing, the court ordered Google to notify the anonymous blogger of the pending discovery request.

2/18/09 - Through counsel, the anonymous blogger filed a brief in opposition to Cohen's application for pre-action discovery. 

03/20/09 - The blog went offline sometime in March. The parties reportedly dispute what that means for the case.

8/17/09 - The court granted Cohen's petition, ruling that the statements on the blog were reasonably susceptible of defamatory meaning.

8/21/09 - Press reports indicate that the anonymous blogger's name is Rosemary Port.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google Blogs

Blue Mountain School District v. J.S.

Date: 

03/01/2007

Threat Type: 

Disciplinary Action

Party Receiving Legal Threat: 

J.S.; K.L.; Terry Snyder; Steven Snyder

Type of Party: 

School

Type of Party: 

Individual

Court Type: 

State

Court Name: 

United States District Court for the Middle District of Pennsylvania; United States Court of Appeals for the Third Circuit

Case Number: 

3:07-cv-00585 (trial court); 08-4138 (appellate court)

Legal Counsel: 

Mary E. Kohart; Christopher T. Leahy; Meredith W. Nissen; Mary Catherine Roper

Publication Medium: 

Social Network

Relevant Documents: 

Status: 

Pending

Disposition: 

Material Removed

Description: 

In March 2007, the Blue Mountain School District suspended two eighth-grade students after they created a fake MySpace profile for James McGonigle, principal of the Blue Mountain Middle School in Pennsylvania. The MySpace page did not identify McGonigle by name, but it included his picture from the school district's website and identified the person depicted as a "principal." According to court documents, the profile characterized the principal as a sex-obsessed pedophile, and it was laced with profanity and other negative comments about McGonigle and his family.

The school determined that, based on the creation of the fake profile, the two students had violated the school discipline code, which prohibits making false accusations against school staff members. It also determined that the students violated the school's computer use policy, which informs students that they cannot use copyrighted material without permission, by obtaining McGonigle's photo from the school district's website. As a result, the school suspended the two students for ten days out-of-school.

One of the students, going by the initials "J.S.", sued the school district, McMonigle, and the school district superintendent for violating her First Amendment rights. She argued, among other things, that the school could not constitutionally punish her for out-0f-school speech that did not cause a disruption of classes or school administration. The court denied her request for a temporary restraining order and preliminary injunction, and later granted summary judgment to the school district, ruling that the school could discipline lewd and vulgar off-campus speech that had an effect on campus, even if this effect didn't amount to a "substantial disruption" under Tinker v. Des Moines Ind. Sch. Dist., 393 U.S. 503 (1969).

J.S. has appealed the ruling to United States Court of Appeals for the Third Circuit.

Update:

02/04/2010 - The Third Circuit affirmed the lower court's decision granting summary judgment to the school district. The Third Circuit held "... that Tinker applies to student speech, whether on or off campus, that causes or threatens to cause a substantial disruption of or material interference with school or invades the rights of other members of the school community."

04/09/2010 - The Third Circuit granted J.S.'s petition for an en banc rehearing of her appeal.

06/03/2010 - The case was argued before the Third Circuit en banc.

06/13/2011 - The Third Circuit en banc reversed the District Court's grant of summary judgment to the School District on the student speech claims and remanded to the District Court. The court, en banc, held that an exception to Tinker set forth in Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986), holding that a school district can discipline students for lewd, vulgar, and offensive speech, if it has an effect on the school and educational mission of the district, did not apply to this case.  Accordingly, the Third Circuit concluded "that the Fraser decision did not give the School district the authority to punish J.S. for her off-campus speech."

10/18/2011 - The School District filed a Petition for Writ of Certiorari to the Supreme Court of the United States.  

01/17/2012 - The Supreme Court denied the School District's Petition for Certiorari. 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Blog Post

CMLP Notes: 

Updated 2/23/09 - VAF

aVM 6/12/09- appeals case was argued a few days ago, put up link to article about its implications, will check back later

Hustler Spread of Murder Victim: Arguably Tasteless, but Certainly First Amendment Protected

In June 2007, professional wrestling promotrix, Nancy Benoit and her son, Daniel, were the victims of a double murder-suicide committed by her husband, WWE wrestler, Chris Benoit.

Approximately 20 years earlier, Ms. Benoit (then Nancy Daus) posed nude for photographer Mark Samansky. Benoit/Daus allegedly had a change of heart and requested that the materials be destroyed. Nevertheless, Samansky kept the video and made stills from it.

Jurisdiction: 

Content Type: 

Subject Area: 

German Courts Say Nein to Google Image Search

Google appears to be learning the hard way that there's "kein fairer Gebrauch" (no fair use) in Germany.  The Internet search giant lost two German copyright decisions Monday, as the courts ruled that the thumbnail images that appear in Google Image Search violate German copyright law.  Bloomberg reports:

Jurisdiction: 

Content Type: 

Subject Area: 

Gilchrist v. Young

Date: 

04/16/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Brook Young; Barbara Coe; Chelene Nightingale; Marvin L. Stewart; Deborah Ann Peterson; Paul Sielski; Does 1-100

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of California, Orange County

Case Number: 

30-2008-00105431

Legal Counsel: 

Daniel F. Lula - Payne & Fears LLP

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (total)

Description: 

In April 2008, Jim Gilchrist, an immigration enforcement activist and founder of the Minuteman Project, filed a lawsuit against Brook Young of Immigration Watchdog, Chelene Nightingale of Save Our State, Barbara Coe of California Coalition for Immigration Reform, Minuteman Project Treasurer Deborah Peterson, and Minuteman Project President Marvin Stewart. The lawsuit claimed that the defendants defamed Gilchrist by publishing statements "to the effect that [Minuteman Project] corporate funds were being misused, embezzled, and that theft and fraud was being committed by [Gilchrist and his colleague Stephen Eichler]." Cmplt. ¶ 12. It also alleged that the defendants invaded Gilchrist's privacy by publishing his address and a photograph of his driver's license on the Internet. Id. ¶ 25.

The defendants moved to strike the complaint pursuant to California's anti-SLAPP law. The court granted the motion in August 2008, dismissing the case and awarding Barbara Coe more than $9000 in attorneys fees. The other defendants have filed motions seeking attorneys fees as well. These motions are pending.

Update:

11/19/2008 - Judgment entered against Gilchrist awarding Nightengale more than $10,000 in attorneys fees.

 

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

The OC Register article references a similar lawsuit brought by Steve Eichler, an associate of Gilchrist. Whoever edits this threat should look into that case to see if it merits inclusion here or a separate threat entry. {MCS}

Looks to me like the Eichler suit focuses on the non-online-speakers. smb

Updated 2/19/2009 VAF

Priority: 

1-High

Puntarelli v. Does

Date: 

05/08/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

John Does

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court, Marion County, Indiana

Case Number: 

No. 49D120805CT20682

Publication Medium: 

Social Network

Status: 

Pending

Disposition: 

Material Removed
Subpoena Enforced

Description: 

Tim Puntarelli, Dean of Roncalli High Scool in Indianapolis, filed a defamation lawsuit against an anonymous Facebook user (or users) who allegedly created a fake profie for him and used it to send inappropriate messages to students.  According to one press report, the lawsuit also claimed that the user engaged in harassment and identity theft.  Puntarelli sought information about the anonymous user or users from Facebook, which resisted this effort. 

The court ultimately ordered Facebook to produce identifying information for its user(s). Facebook removed the profile at Puntarelli's request before the lawsuit was filed.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Priority: 

2-Normal

Knight v. Lavandeira

Date: 

05/11/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Mario Lavandeira, a/k/a Perez Hilton

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of New York

Case Number: 

07 CV 3751

Legal Counsel: 

Jeffrey M. Eilender - Schlam Stone & Dolan LLP

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

In May 2007, professional photographer Ken Knight sued Mario Lavandeira for copyright infringement in New York federal court.  The dispute arose out of Lavandeira's alleged use of Knight's photograph of Jason Alexander (briefly married to Britney Spears in 2004) on PerezHilton.com. 

Lavandeira moved to dismiss the complaint for improper service of process and lack of personal jurisdiction.  Knight withdrew the complaint approximately one month later.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Boulder County Sheriff v. Unknown MySpace User

Date: 

11/11/2006

Threat Type: 

Criminal Investigation

Party Receiving Legal Threat: 

Unknown MySpace User

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

State

Publication Medium: 

Social Network

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

MySpace provided records subpoenaed by the Boulder County sheriff's department in a criminal libel investigation, commenced after a Colorado woman reported finding pictures of herself on MySpace under a fake profile named "Dirty Whore" that included information indicating that she was interested in meeting “men, women and/or couples who are looking to have a fun time.”

As of September 15, 2008, no criminal charges appear to have been filed. 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

CMLP Notes: 

SB Reviewed; there is almost nothing available on this as far as I can tell. TO-DO: Get more precise date; further research required

Silver v. Lavandeira

Date: 

07/22/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Mario Hermando Lavandeira, Jr. aka Mario Lavandeira aka Perez Hilton

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of New York

Case Number: 

1:08-cv-06522

Legal Counsel: 

Bryan J Freedman - Freedman and Taitelman LLP; Jeffrey M. Eilender - Schlam Stone & Dolan LLP

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Description: 

On July 22, 2008, Elizabeth Silver, a blogger on PerezRevenge.com (now www.rPulse.com), which describes itself as a "website where celebrities could post information about their careers, events and when necessary personal lives without the taint of rumor or speculation" sued rival celebrity blogger Mario Lavandeira (aka Perez Hilton), who operates the blog perezhilton.com, for copyright infringement, violation of the Digital Millenium Copyright Act, and other claims.

On July 21, 2008, Hilton had sued Silver, Infuse LLC, and Margie E. Rogers over their use of the name PerezRevenge, claiming the use was a violation of the Anti-Cybersquatting Consumer Protection Act, as well as unfair competition, federal dilution of trademark, and unfair trade practices. See the related claim, Lavandeira v. Infuse, LLC.

Update: 

On January 7, 2009,  a magistrate judge issue a Report and Recommendation rejecting Silver's claims.  After Silver failed to object to the Report, the court on February 26 adopted the Report and Recommendation in its entirety.  According to a March 06 order issued by the court, Silver appears to have then filed for voluntary dismissal of the case.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Lavandeira v. Infuse, LLC

Date: 

07/21/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Infuse, LLC; Margie Rogers; Elizabeth Silver-Fagan; Does 1-10

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

Federal

Court Name: 

United States District Court for the Central District of California

Case Number: 

2:08-cv-04764

Legal Counsel: 

Pro se

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Disposition: 

Default Judgment

Description: 

Celebrity gossip blogger Mario Lavandeira (aka Perez Hilton), who operates the blog perezhilton.com, sued Infuse LLC, Margie E. Rogers and Elizabeth Silver-Fagan, the owner, editor and publisher, respectively, of a rival celebrity blog named PerezRevenge.com, which describes itself as a "website where celebrities could post information about their careers, events and when necessary personal lives without the taint of rumor or speculation." Hilton's complaint asserts that their use of the name PerezRevenge is a violation of the Anti-Cybersquatting Consumer Protection Act, as well as unfair competition, federal dilution of trademark, and unfair trade practices.

Hilton seeks injunctive relief and treble damages.

On July 22, 2008, one day after Lavandiera filed his lawsuit, defendant Silver, the publisher of PerezRevenge.com, filed a breach of contract lawsuit against Lavandiera in New York. See the related lawsuit, Silver v. Lavandiera.

UPDATE:

05/06/09 - The court, after awarding a default judgment for Hilton, enjoined Infuse from "using the domain name perezhilton.com... [or] using the term 'Perez' to designate any platform...that contains entertainment or celebrity news or gossip."  Silver's site now resides at www.rPulse.com.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

CMLP Notes: 

Updated 2/19/2009 - VAF

Updated 6/25/2009 - AVM added enjoining order

Priority: 

2-Normal

Wisconsin v. Bachert

Date: 

06/14/2007

Threat Type: 

Criminal Charge

Party Receiving Legal Threat: 

Joshua W. Bachert

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Waukesha County Circuit Court, Wisconsin

Case Number: 

2007CM001559

Verdict or Settlement Amount: 

$312.00

Legal Counsel: 

Glen B. Kulkoski

Publication Medium: 

Social Network

Status: 

Concluded

Disposition: 

Settled (total)

Description: 

Wisconsin authorities criminally prosecuted Joshua Bachert after he created a fake MySpace profile for a high school police officer. In August 2007, authorities agreed to defer prosecution if Bachert stayed out of trouble for one year. Instead, Bachert will pay a fine for a noncriminal citation.

Update:

09/15/2008 - According to the docket charge details, Bachert fulfilled his obligations under the agreement with the authorities, and paid a $312 fine on a citation for disorderly conduct.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

CMLP Notes: 

06/15/2009 - updated (LB)

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