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Home > Health Solutions Network v. Baker

Health Solutions Network v. Baker [1]

Submitted by DMLP Staff on Mon, 09/10/2007 - 15:59

Summary

Threat Type: 

Lawsuit

Date: 

01/29/2007

Status: 

Concluded

Disposition: 

Material Removed
Settled (total)

Location: 

Pennsylvania

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
Tortious Interference
Trademark Infringement
Trademark Dilution
Unfair Competition
On his blog, "Miscellaneous Debris," Jerry Baker accused Health Solutions Network, LLC, of being behind spam emails coming from RXCart.org. Baker explained how he supposedly traced the emails back to Health Solutions and disclosed the name and phone number... read full description
Parties

Party Issuing Legal Threat: 

Health Solutions Network, LLC; Ralph Penton

Party Receiving Legal Threat: 

Jerry Baker

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Location of Party: 

  • Pennsylvania
  • Washington
  • Delaware

Location of Party: 

  • California

Legal Counsel: 

Louis Petriello

Legal Counsel: 

Pro se
Description

On his blog, "Miscellaneous Debris [2]," Jerry Baker accused Health Solutions Network, LLC, of being behind spam emails coming from RXCart.org. Baker explained how he supposedly traced the emails back to Health Solutions and disclosed the name and phone number of Health Solution's founder, Ralph Penton. Penton maintained that he received harassing and threatening phone calls as a result.

In January 2007, Health Solutions and Penton sued [3] Baker in federal district court in Pennsylvania for defamation, trademark infringement and dilution, tortious interference with contracts, and restraint of trade or commerce in violation of 15 U.S.C. ยง 1 [4]. The complaint did not make clear exactly how Baker's statements constituted trademark infringement and dilution, or how (or with whom) he entered into a conspiracy in restraint of trade.

In June 2007, Health Solutions and Penton voluntarily dismissed [5] the lawsuit with prejudice. The "with prejudice" designation leads us to believe that the case was settled, but the record is unclear.

Related Links: 

  • DirectMag.com: Another Anti-Spammer Sued for Defamation [6]
  • MLRC's Legal Actions and Developments Involving Blogs [7]

 

Details

Web Site(s) Involved: 

Miscellaneous Debris [2]

Content Type: 

  • Text

Publication Medium: 

Blog

Subject Area: 

  • Defamation
  • Trademark
  • Business Torts
Court Information & Documents

Jurisdiction: 

  • Pennsylvania

Source of Law: 

  • United States
  • Pennsylvania

Court Name: 

United States District Court for the Eastern District of Pennsylvania

Court Type: 

Federal

Case Number: 

2:07-CV-00369

Relevant Documents: 

PDF icon 2007-01-29-Health Solution Network's Complaint.pdf [8]
PDF icon 2007-06-11-Health Solution Network's Notice of Voluntary Dismissal.pdf [9]
CMLP Information (Private)

Threat Source: 

MLRC

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Source URL (modified on 08/20/2014 - 11:03pm): https://www.dmlp.org/threats/health-solutions-network-v-baker

Links
[1] https://www.dmlp.org/threats/health-solutions-network-v-baker
[2] http://www.jbaker6953.blogspot.com/
[3] https://www.dmlp.org/sites/citmedialaw.org/files/2007-01-29-Health%20Solution%20Network%27s%20Complaint.pdf
[4] http://www.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00000001----000-.html
[5] https://www.dmlp.org/sites/citmedialaw.org/files/2007-06-11-Health%20Solution%20Network%27s%20Notice%20of%20Voluntary%20Dismissal.pdf
[6] http://directmag.com/disciplines/email/another_anti-spammer_sued/index.html
[7] http://www.medialaw.org/bloggerlawsuits
[8] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-01-29-Health%20Solution%20Network%27s%20Complaint.pdf
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-06-11-Health%20Solution%20Network%27s%20Notice%20of%20Voluntary%20Dismissal.pdf