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Home > Zammito v. Havrda

Zammito v. Havrda [1]

Submitted by DMLP Staff on Tue, 03/03/2009 - 18:39

Summary

Threat Type: 

Lawsuit

Date: 

11/19/2008

Status: 

Concluded

Disposition: 

Material Removed
Settled (total)

Location: 

Massachusetts

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Cybersquatting
Defamation
Trademark Infringement
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... read full description
Parties

Party Receiving Legal Threat: 

Richard Havrda

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Location of Party: 

  • Massachusetts

Location of Party: 

  • Massachusetts

Legal Counsel: 

Philip N. Beauregard

Legal Counsel: 

Pro se
Description

Automobile salesman Chris Zammito sued former employee Richard Havrda over a gripe site Havrda created at www.zammitoautogroup.com.  Zammito's complaint [2] 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 [3].  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. [4] 

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.

Related Links: 

  • Dozier Internet Law: November 2008 Defamation Suits [5]
Details

Web Site(s) Involved: 

ZammitoAutoGroup.com [6] (defunct)

Content Type: 

  • Photo
  • Text

Publication Medium: 

Website

Subject Area: 

  • Defamation
  • Trademark
  • Gripe Sites
  • Domain Names
Court Information & Documents

Jurisdiction: 

  • Massachusetts

Source of Law: 

  • United States
  • Massachusetts

Court Name: 

United States District Court for the District of Massachusetts

Court Type: 

Federal

Case Number: 

1:08-CV-11936

Relevant Documents: 

PDF icon 2008-11-19-Zammito v. Havrda Complaint.pdf [7]
PDF icon 2008-12-05-Havrda's Answer to Complaint.pdf [8]
PDF icon 2009-02-02-Zammito v. Havrda Stipulation of Dismissal.pdf [9]
CMLP Information (Private)

Priority: 

1-High

Threat Source: 

RSS

CMLP Notes: 

Source: Dozier Internet Law

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Source URL (modified on 08/20/2014 - 11:08pm): https://www.dmlp.org/threats/zammito-v-havrda

Links
[1] https://www.dmlp.org/threats/zammito-v-havrda
[2] https://www.dmlp.org/sites/citmedialaw.org/files/2008-11-19-Zammito%20v.%20Havrda%20Complaint.pdf
[3] https://www.dmlp.org/sites/citmedialaw.org/files/2009-02-02-Zammito%20v.%20Havrda%20Stipulation%20of%20Dismissal.pdf
[4] https://www.dmlp.org/sites/citmedialaw.org/files/2008-12-05-Havrda%27s%20Answer%20to%20Complaint.pdf
[5] /*%20%20http://dozier-internetlaw.blogspot.com/2008/12/dozier-internet-law-federal-court.html
[6] http://www.zammitoautogroup.com/
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-11-19-Zammito%20v.%20Havrda%20Complaint.pdf
[8] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-12-05-Havrda%27s%20Answer%20to%20Complaint.pdf
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-02-02-Zammito%20v.%20Havrda%20Stipulation%20of%20Dismissal.pdf