International

U.S. Treasury Department v. Marshall

Date: 

10/01/2007

Threat Type: 

Other

Party Receiving Legal Threat: 

Steve Marshall

Type of Party: 

Government

Type of Party: 

Individual

Publication Medium: 

Website

Status: 

Concluded

Description: 

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 offering commentary about Cuba, and others offered online travel services to European tourists interested in travelling to Cuba.

According to the Treasury Department, the websites were added to the U.S. Treasury Department's Blacklist because they breached the U.S. trade sanctions with Cuba by enabling U.S. citizens to travel to Cuba.  Treasury claims that its action was part of a broader effort to prevent tourist dollars propping up the "oppressive" Castro regime.

Marshall's US-based domain registrar eNom, Inc. disabled the domains in October 2007 when it was contacted by Treasury and informed of the blacklisting. Marshall reports that he has chosen to put the sites up using new, non-U.S.-registered sites.

There is some dispute over whether Marshall's company helped U.S. nationals to evade U.S. government travel restrictions. According to Treasury, it targeted U.S. citizens (see Press Release). According to Marshall, who is quoted in the New York Times, he is not interested in American tourists: "They can’t go anyway."

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T-Mobile v. Engadget

Date: 

03/20/2008

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Weblogs, Inc.

Type of Party: 

Large Organization

Type of Party: 

Organization

Publication Medium: 

Blog

Status: 

Pending

Description: 

On March 20, 2008, Deutsche Telekom, the parent company of T-Mobile, sent a letter to Weblogs, Inc., the company that runs Engadget, requesting that it stop using the color magenta in the logo for its Engadget Mobile news blog. The letter, which is available on Engadget, states that T-Mobile has been "using the color magenta as a company identifier and core branding element for years," and that "the company therefore holds trademark protection for the use of this color in connection with its products and services in many territories around the world."

The letter goes on, in an uncommonly polite tone for a C&D, to indicate that customers might be confused about T-Mobile's relationship to the blog. Even more diplomatically, it continues: "we would therefore appreciate if you would replace the color magenta in the Engadget Mobile logo and discontinue using the color in a trademark-specific way on your website." The letter concludes with a request that Engadget "respond with any comments" within two weeks. T-Mobile officers deny that this is a cease-and-desist letter at all (which is a plausible reading), indicating instead that it was meant to "open a dialogue."

Engadget does not see the letter as a request or invitation to dialogue, but as a demand (also a plausible reading). And the blog has responded by posting the letter and arguing that there are no grounds for confusion. Engadget has also changed its logo in jest to make it look more like T-Mobile's. A number of other tech and mobile phone bloggers have "gone magenta" in solidarity with Engadget (here, here, here, and here). As of April 3, T-Mobile has taken no further action.

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CMLP Notes: 

Source: Likelihood of Confusion blog

Status checked on 6/9/2008, no new information. There was a related posting on Engadget about T-Mobile's loss in a similar magenta-related suit against Telia in Denmark, which I thought was too tangential to include in the description, but salient enough to throw into the related links field. (AAB)

T-Mobile Asks Engadget to Stop Using the Color Magenta

I was sure that this was an April Fool's joke. But alas, it's true. Deutsche Telekom, the parent company of T-Mobile, sent Engadget a letter a few weeks ago, requesting that the popular tech blog stop using the color magenta in the logo for its Engadget Mobile news blog. Here are the two logos side-by-side (courtesy of Engadget):

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Unnamed Businessman v. Disqus

Date: 

12/07/2007

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Disqus

Type of Party: 

Individual

Type of Party: 

Organization
Intermediary

Publication Medium: 

Website

Status: 

Concluded

Disposition: 

Material Removed

Description: 

Disqus is a provider of a website comment system, which enables website operators and bloggers to fight spam and manage the comments appearing on their platforms. It also allows commenters to create profiles that store their comments from all websites and blogs using the Disqus system and incorporate ratings from other Disqus users. In December 2007, an individual claiming to be the president of a European company sent an email to Daniel Ha, a Disqus co-founder. The email complained about a comment appearing on a Disqus-enabled site. (In his post about the situation, Mr. Ha declined to identify the businessman or the site where the comment appeared.) The email demanded that Disqus remove the allegedly defamatory comment and threatened legal action in the United Kingdom, Sweden, and the United States if the company failed to comply.

Mr. Ha refused to remove the comment and responded to the email, arguing that the decision about whether or not to remove the comment belonged to the site operator originally hosting it, not Disqus. He also invoked CDA 230, which protects providers and users of interactive computer services from tort liability for the statements of third parties. Mr. Ha exchanged further correspondence with the unnamed businessman, but maintained his position that Disqus would not remove the comment.

In a follow-up comment to his blog post on the situation, Mr. Ha indicated that the site owner contacted him and indicated that the comment would be removed. The situation thus appears to be resolved.

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International Olympic Committee Thinks Blogging Is Not About Journalism

Ars Technica reports that the International Olympic Committee has lifted its ban on blogging. Athletes competing in Beijing 2008 will be allowed to blog about the Olympics, so long as they follow some, well, restrictive guidelines.

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Gentle Wind Project v. Garvey

Date: 

05/18/2004

Threat Type: 

Lawsuit

Party Issuing Legal Threat: 

Gentle Wind Project; John "Tubby" Miller; Mary Miller; Shelbourne Miller; Carol Miller; Joan Carreiro; Pam Ranheim

Party Receiving Legal Threat: 

Judy Garvey; James Bergin; Rick Ross; Ian Mander; Steven Gamble; Steve Hassan; Ivan Fraser

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Court Name: 

United States District Court for the District of Maine; Superior Court, York County, Maine

Case Number: 

2:04CV00103 (Federal); No. CV-06-11 (State)

Legal Counsel: 

Jerrol Crouter; Brian Willing, Douglas Brooks, William Leete

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)
Settled (total)

Description: 

The Gentle Wind Project ("GWP") was a "spiritual-healing" group that produced and distributed what it characterized as "healing instruments" based on designs communicated from "the spirit world." Husband and wife, James Bergin and Judy Garvey, left the group and started a web site, "Wind of Changes," to help others make informed decisions about GWP. On their site, Bergin and Garvey recounted their experiences with GWP and described what they characterize as the group's "bizarre" belief systems and practices.

Other defendants published links to the "Winds of Change" website on their websites and exchanged information and articles with Bergin and Garvey that were critical of GWP.

GWP threatened the couple with legal action and then, in May 2004, the group and a number of its leaders filed suit against them and the other defendants in the United States District Court for the District of Maine. In January 2006, the federal court granted summary judgment for Bergin and Garvey on the plaintiffs' RICO claims and dismissed the state-law defamation claims for lack of subject-matter jurisdiction.

The GWP plaintiffs re-filed the defamation suit against Bergin and Garvey in state court in Maine. Before trial, in November 2006, the GWP plaintiffs asked for a settlement on Bergin and Garvey's terms. In the settlement agreement, the GWP plaintiffs dismissed the current suit and permanently abandoned any ability to sue Bergin and Garvey for anything the couple has written, including describing GWP as a cult, stating that the GWP "healing instruments" are "snake oil," or reporting the existence of group sexual activities, known to inner-circle members as "energy work." Under the terms of the agreement, Bergin and Garvey are expressly allowed to keep their Wind of Changes site open without any interference from GWP. Bergin and Garvey also received "an undisclosed amount" from the receiver of the GWP estate as compensation.

The federal court dismissed the action against Mr. Ross in January 2005. It also dismissed the claims against Ian Mander (from New Zealand) and refused to enter a default judgment against him. Mr. Mander was added to the settlement agreement between the GWP plaintiffs and Bergin and Garvey. Mr. Gamble and Mr. Fraser settled with the plaintiffs without payment and maintained their postings about GWP. Mr. Hassan settled with the GWP plaintiffs and removed all links to information about GWP in return for GWP removing statements made about him on its site.

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MidEast Youth Project Launches Petition to Unblock WordPress in Turkey

Following up on our posting yesterday about WordPress in Turkey, the MidEast Youth project has launched a petition calling on the Turkish government to invalidate the judicial decision to block the entire WordPress blog-hosting service in that country. The petition states:

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WordPress Blocked in Turkey

Reports (here, here) indicate that WordPress.com, in its entirety, has been blocked in Turkey. People trying to visit the website get the following message: "Access to this site has been suspended in accordance with decision no: 2007/195 of T.C. Fatih 2.Civil Court of First Instance." The founding developer of WordPress, Matt Mullenweg, began writing about the situation last week on his personal blog, and he received a letter on Saturday night from a Turkish attorney representing Mr. Adnan Oktar, who apparently is a Turkish national and the author of books written under the pen name Harun Yahya. Mr. Oktar's attorney claims that another Turkish national, Edip Yuksel, started a number of WordPress blogs dedicated to defaming his client. The attorney says that he sent a number of letters complaining about the alleged defamatory statements to the WordPress legal department and apparently to Matt personally. According to the letter, he then brought the matter before a Turkish court, which granted Mr. Oktar's request to block access to WordPress.com in Turkey. The letter demands that WordPress "remove and prohibit any blogs in [its] site that contain my client's name Adnan Oktar or his pen name Harun Yahya or various combinations of these 4 names."

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Olympic Athletes May Be Allowed to Blog Again (with Conditions)

The Australian is reporting that the International Olympic Committee (IOC) will likely rescind its requirement that Olympic athletes refrain from blogging during the Olympics:

The IOC Press Commission, chaired by Australian Kevan Gosper, is set to recommend that the IOC's powerful executive board drop its opposition to athletes writing blogs during the Games when it meets in November. Competing athletes are specifically prevented from working as journalists during the Games and have so far been strictly denied rights to continue writing internet columns during the event. But Olympic sources said yesterday that the IOC was set to make the shift as it realised it had to recognise the dramatic expansion of the internet in the daily lives of athletes. The IOC is also keen to expand the appeal of the Olympics to the youth market.

This seems like a complete no-brainer. Who better to provide first-person perspectives on the Olympics than the athletes themselves. The fact that they can't currently write about their experiences is lamentable, but not surprising given the IOC's strict control of everything related to the Olympics.

Of course the IOC's change, assuming it is approved, wouldn't just open the blogging floodgates. According to The Australian, the head of the IOC Press Commission said athletes "would have to comply with some strict conditions on their blogging, including not benefiting financially and not criticising coaches or other athletes."

Not criticising coaches or other athletes?! I guess that is free speech IOC style.

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Lack of Press Freedom Stifling Political Transformation in Africa

At the 60th World Newspaper Congress, which opened yesterday in Cape Town, South Africa, Gavin O'Reilly remarked that

in dozens of African nations, political transformation has been deeply flawed, if not stillborn, because of the failure to secure one of the absolutely fundamental conditions for full, living democracy and pluralism ­ I'm talking, of course, about freedom of the press, which continues to be violated on a daily basis across the length and breadth of this continent.

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