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Home > Ecommerce Innovations v. Doe (Lawsuit)

Ecommerce Innovations v. Doe (Lawsuit) [1]

Submitted by DMLP Staff on Mon, 04/27/2009 - 18:29

Summary

Threat Type: 

Lawsuit

Date: 

07/14/2008

Status: 

Pending

Location: 

California

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
Trade Libel
On July 14, 2008, jewelry retailer Ecommerce Innovations filed a lawsuit against anonymous Ripoff Report posters who allegedly made "false and disparaging statements of fact about the [company's] products and services." Ecommerce allleged that Does 1-5 posted the comments... read full description
Parties

Party Receiving Legal Threat: 

John Does 1-10

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Location of Party: 

  • California
  • Nevada

Legal Counsel: 

Lawrence Steinberg, Jason Fisher - Buchalter Nemer P.C.
Description

On July 14, 2008, jewelry retailer Ecommerce Innovations filed a lawsuit against anonymous Ripoff Report [2] posters who allegedly made "false and disparaging statements of fact about the [company's] products and services." Ecommerce allleged that Does 1-5 posted the comments as agents for Does 6-10, unknown companies that are competitors of Ecommerce.

The complaint includes claims for defamation in violation of California law and "trade libel" in violation of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B) [3], which ordinarily applies to false advertising claims.

After filing the suit, Ecommerce subpoenaed Ripoff Report [2] in Arizona, seeking the identities of the posters.  See our related database entry, Ecommerce Innovations v. Doe (Subpoena) [4], for details.

Related Links: 

  • CMLP: Ecommerce Innovations v. Doe (Subpoena) [4]
  • Technology & Marketing Law Blog: Rip-off Report Lawsuit Updates [5] (scroll down)
Details

Web Site(s) Involved: 

Ripoff Report [2]

Content Type: 

  • Text

Publication Medium: 

Forum

Subject Area: 

  • Defamation
  • Anonymity
  • Trade Libel
  • Consumer Ratings and Reviews
  • User Comments or Submissions
Court Information & Documents

Jurisdiction: 

  • California

Source of Law: 

  • United States
  • California

Court Name: 

United States District Court for the Central District of California

Court Type: 

Federal

Case Number: 

2:08-cv-04596

Relevant Documents: 

PDF icon 2008-07-14-Ecommerce's Complaint.pdf [6]
PDF icon 2009-03-09-Ecommerce Show Cause Hearing.pdf [7]
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

Source: Eric Goldman

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Source URL (modified on 08/20/2014 - 11:09pm): https://www.dmlp.org/threats/ecommerce-innovations-v-doe-lawsuit

Links
[1] https://www.dmlp.org/threats/ecommerce-innovations-v-doe-lawsuit
[2] http://www.ripoffreport.com/reports/0/041/ripoff0041005.htm
[3] https://www.dmlp.org/sites/citmedialaw.org/files/15USC1125.pdf
[4] https://www.dmlp.org/threats/ecommerce-innovations-v-doe-subpoena
[5] http://blog.ericgoldman.org/archives/2009/03/ripoff_report_l.htm
[6] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-07-14-Ecommerce%27s%20Complaint.pdf
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-03-09-Ecommerce%20Show%20Cause%20Hearing.pdf