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(A Short History of) The Misuse of Trademarks to Control Free Expression

Paper included in the CLE materials for a panel on which I was a participant at the American Intellectual Property Law Association's annual meeting on October 24, 2013. The Panel was entitled "Trademarks, Goodwill and Free...more

Naffe v. Frey, et al.

Ruling DISMISSING Complaint under FRCP 12(b)(1) and Section 1983 claim under FRCP 12(b)(6) with Prejudice, etc.

Per Kenneth White, blogger at Popehat.com: http://www.popehat.com/2013/04/19/victory-for-blogger-patterico-in-free-speech-case/ : "Patrick Frey, also known as Patterico, has been living under the cloud of a frivolous,...more

Boarding School Review, LLC v. Delta Career Education Corp.

Order GRANTING Plaintiff's Motion to Dismiss Pursuant to FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Naffe v. Frey, et al.

Tentative Ruling on Motion to Dismiss per FRCP 12(b)(6)

Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/): "In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more

Naffe v. Frey, et al.

Reply Brief in Support of Motion to Strike per California's Anti-SLAPP Law

Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/): "In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more

Naffe v. Frey, et al.

Reply Brief in Support of Motion to Dismiss Defamation Complaint per FRCP 12(b)(6)

Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/): "In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more

Naffe v. Frey, et al.

Motion to Strike Under Calilfornia's Anti-SLAPP Law

Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/): "In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more

Naffe v. Frey, et al.

Motion to Dismiss Complaint for Defamation and Other Claims for Failure to State a Claim - FRCP 12(b)(6)

Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/): "In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more

Boarding School Review, LLC v. Delta Career Education Corp.

Reply Memorandum of Law in Support of Motion to Dismiss for Failure to State a Claim under FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Boarding School Review, LLC v. Delta Career Education Corp.

Brief in Support of Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12(b)(6))

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Boarding School Review, LLC v. Delta Career Education Corp.

First Amended Complaint and Jury Demand

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Defamation on Twitter - Life Without the Communications Decency Act

I have frequently written on the pros and cons of the Communications Decency Act (“CDA”). Without it, no website could permit comments, but by the same token it allows unscrupulous website operators to encourage defamatory...more

Ascentive, LLC v. Opinion Corp.

Opinion and Order Denying Preliminary Injunction

Opinion and order denying the motions by Ascentive, LLC and Classic Brands, LLC for a preliminary injunction censoring consumer complaint about the companies on the PissedConsumer.com website. The companies' legal...more

Ascentive, LLC v. Opinion Corp.

Bench brief of Opinion Corp., Inc. regarding likelihood of confusion in domain names

At the preliminary injunction hearing in this matter (see related documents), the court asked for further guidance on the issue of fair use as a defense to trademark infringement in the context of domain names. As of July...more

Ascentive, LLC v. Opinion Corp.

Brief of Opinion Corp. in Opposition to Ascentive LLC's Motion for a Preliminary Injunction

Brief by the owners of Pissedconsumer.com in opposition to the motion by Ascentive, LLC for a preliminary injunction censoring consumer complaints about the company on the website. As of July 2011, the court had not ruled...more

Ascentive, LLC v. Opinion Corp.

Answer and Counterclaim of Defendant Opinion Corp.

Answer and counterclaim by the owners of PissedConsumer.com in the lawsuit brought by Ascentive, LLC to censor consumer complaints posted on the PissedConsumer.com website....more

Software Research Group, Inc. v. WWW.PISSEDCONSUMER.COM

Memorandum of Law in Support of Defendant Opinion Corp.'s Motion to Dismiss the Complaint

This was a lawsuit consisting of five different versions of a defamation claim, brought against a website and an unknown number of anonymous defendants. The website, called PissedConsumer.com, was operated by movant, Opinion...more

Parsa Law Group, APC, v. Bad Biz Finder, et al.

Letter requesting removal of an allegedly defamatory blog comment

In response to an article on my blog about the bankruptcy loan modification bill that was recently defeated, I received a comment from someone calling herself "Bad Biz Finder". The commenter accused the Parsa Law Group, a...more

Internet Solutions Corporation v. Marshall

Brief of Amicus Curiae, Media Bloggers Association, Inc. in Support of Appellee, Tabatha Marshall

The 11th Circuit certified the following question to the Florida Supreme Court: "Does posting allegedly defamatory stories and comments about a company with its principal place of business in Florida on a non-commercial...more

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