Powermark Homes v. John Doe [1]

Powermark Homes Inc., a homebuilder in Ohio, and two of its principals, Mark and Lisa Powers, sued the anonymous operator of Powermark Homes Alert [2].  At the time of the suit, the homepage for the site included a picture of Mark and Lisa Powers and the statements "The Truth Exposed" and "Do you really want to do business with this Ohio Home Builder?"

On May 25, 2007, Plaintiffs filed a lawsuit [3] against the site's operator identified only as "John Doe" and against Domains By Proxy Inc., the site's domain name registrar, asserting claims of defamation, misappropriation, false-light publicity, and disparagement.  Plaintiffs also sought a temporary restraining order "requiring Defendants to remove the false and defamatory website."  Neither the original complaint [3] nor plaintiffs' amended complaint [4] appear to identify with specificity the statements they claim are false and defamatory.

Plaintiffs subpoenaed Domains by Proxy for Doe's identifying information and also sent them DMCA takedown notices [5]demanding that the site be taken down.   After Domains by Proxy notified Doe, he filed a pro se, anonymous answer and several motions to quash.  Shortly after Doe made these filings, the Public Citizen Litigation Group entered the case on Doe's behalf filed briefs [6] in support of Doe's motions.

Update:

12/15/2008 - Court granted Doe and Domains by Proxy's motion to dismiss and motion for summary judgment respectively.  No written order was issued.  Docket entry reads:

D1 John Doe(Real Name Unknown) Motion To Dismiss Pltfs' Amended Complaint Edward A Icove 0019646, Filed 08/28/2007, Is Granted. D2 Domains By Proxy Inc. Motion For Summary Judgment Christopher Bechhold 0014192, Filed 10/11/2007, Is Granted. Final. Court Cost Assessed To The Plaintiff(S).