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Home > Gingrich v. The Truth About EFCA.Org

Gingrich v. The Truth About EFCA.Org [1]

Submitted by DMLP Staff on Fri, 05/22/2009 - 11:12

Summary

Threat Type: 

Correspondence

Date: 

05/13/2009

Status: 

Pending

Location: 

California, Canada

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Breach of Contract
Computer Fraud and Abuse Act
Conversion
False Advertising
Fraud
RICO
Right of Publicity
Tortious Interference
Trademark Infringement
Trespass
Unfair Competition
Counsel for Newt Gingrich, Saul Anuzis, and American Solutions for Winning the Future sent a cease-and-desist letter to The Truth About EFCA.org, a website advocating in favor of enacting the proposed Employee... read full description
Parties

Party Receiving Legal Threat: 

The Truth About EFCA.Org; EFCANOW; Tucows, Inc.; ContactPrivacy.com; Twitter, Inc.

Type of Party: 

Individual
Organization

Type of Party: 

Organization

Location of Party: 

  • District of Columbia

Location of Party: 

  • California
  • Canada

Legal Counsel: 

Stefan C. Passantino - McKenna Long & Aldridge
Description

Counsel [2] for Newt Gingrich [3], Saul Anuzis [4], and American Solutions for Winning the Future [5] sent a cease-and-desist letter to The Truth About EFCA.org [6], a website advocating in favor of enacting the proposed Employee Free Choice Act. The website is run anonymously, so the letter was sent to its domain registrar ContactPrivacy.com (owned by Tucows, Inc.).  It was cc'd  to Twitter, Inc. 

The letter complains about a Twitter user going by the handle EFCANOW [7] who tweeted the following on May 2, 2009:  "Join @newtgingrich @sanuzis in signing the EFCA Freedom Not Fear petition at http://action.americanright... WSJ." The letter demands "that you immediately take down an illegal and fraudulent posting on Twitter . . . which falsely purports to be written by our clients and unlawfully uses the name of Messrs. [Newt] Gingrich and [Saul] Anuzis."  

The letter asserts that the continued publication of the offending tweet "can expose any and all involved parties (including Twitter, ContactPrivacy.com and/or TwoCows [sic]) to substantial, ongoing, and even personal liability," and claims that the tweet constitutes trademark infringement, violation of Gingrich's and Anuzis' publicity rights, false advertising, false designation of origin, tortious interference with prospective economic advantage and contractual relations, common law and computer trespass, conversion, traditional fraud and wire fraud, breach of contract, violation of the Computer Fraud and Abuse Act, and RICO violations.

Related Links: 

  • CMLP: How to Make Your Client Look Bad, in Three Easy Steps [8]
  • TPM: Gingrich Threatens EFCA Twitterer With Lawsuit, Doesn't Understand Twitter [9]
  • Techdirt: Newt Gingrich Lawyer Displays Ignorance of Both Twitter and the Law in Sending C&D [10]
Details

Web Site(s) Involved: 

The Truth About EFCA.Org [6]

Twitter/EFCANOW [7]

Content Type: 

  • Text

Publication Medium: 

Micro-blog
Website

Subject Area: 

  • Trademark
  • Right of Publicity
  • Section 230
  • Terms and Conditions
  • Anonymity
  • Misappropriation
  • Twitter
Court Information & Documents

Jurisdiction: 

  • California
  • Canada

Source of Law: 

  • United States

Relevant Documents: 

PDF icon 2009-05-13-Gingrich and Anuzis Letter.pdf [11]

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Source URL (modified on 08/20/2014 - 11:09pm): https://www.dmlp.org/threats/gingrich-v-truth-about-efcaorg

Links
[1] https://www.dmlp.org/threats/gingrich-v-truth-about-efcaorg
[2] http://www.mckennalong.com/people-773.html
[3] http://twitter.com/#search?q=newtgingrich
[4] http://twitter.com/#search?q=sanuzis
[5] http://www.americansolutions.com/
[6] http://www.thetruthaboutefca.org/
[7] http://twitter.com/EFCANOW
[8] https://www.dmlp.org/blog/2009/how-make-your-client-look-bad-three-easy-steps
[9] http://tpmdc.talkingpointsmemo.com/2009/05/gingrich-threatens-efca-twitterer-with-lawsuit-doesnt-understand-twitter.php
[10] http://www.techdirt.com/articles/20090519/1921274936.shtml
[11] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-05-13-Gingrich%20and%20Anuzis%20Letter.pdf