D'Amato v. Starr [1]

On May 18, 2006, David D'Amato filed a lawsuit against David Starr, Magic Touch Productions, Kent Barclay, and a number of website hosting companies over allegedly false and defamatory statements posted on various blogs, forums, and websites.  The complaint included claims for defamation, infliction of emotional distress, and unauthorized use of his photograph in violation of New York Civil Rights Law §51 [2] (scroll down).

D'Amato's complaint accuses Starr of posting defamatory statements about D'Amato on at least seven websites and three blogs, including statements that D'Amato is a liar, a pervert, a convicted cyber stalker, and that he poses as a woman online.  The complaint also accuses Starr of posting D'Amato's picture without his consent.  D'Amato testified that he and Starr had had a prior "business relationship" regarding the sale of "tickling fetish videos," according to the report of Magistrate Judge William Wall. 

The complaint also accuses Barclay of posting false and defamatory statements about D'Amato on his websites damonkruezer.net (defunct) and kruezeratnight.com [3] (CAUTION: May Contain Adult Content).  Additionally, the complaint asserts claims against Magic Touch Productions, operator of the forum at ticklingforum.com [4] (CAUTION: Contains Adult Content), and a number of website hosting companies, for failure to remove defamatory statements about D'Amato after receiving notice.  The complaint requested injunctive relief and damages not less than $20 million in total.

On May 19, 2006, the United States District Court for the Eastern District of New York denied D'Amato's request for a temporary restraining order.  On March 27, 2007, the court found that it lacked personal jurisdiction over the defendants and ordered the case to be transferred to the United States District Court for the Central District of California.  On July 16, 2007, D'Amato voluntarily dismissed his action against the defendants without prejudice.