The Top Ten Things to Consider When Responding to a Threat of IP Litigation

Commercial Trial Law

Legal Blog by Mazin A. Sbaiti, ESQ || Dallas ,Texas

  • About Mazin Sbaiti
    • Practice Areas
  • Media
  • Antitrust
  • Contracts
  • Copyright
  • Fraud
  • Intellectual Property
  • Litigation
  • Patents
  • Securities and Investor
  • Trade Secrets
Online Defamation May Become Easier to Prosecute

Online Defamation May Become Easier to Prosecute

November 2, 2014 Fraud, Intellectual Property

Unmasking Anonymous Bloggers that Defame

In In re Trooper, the Texas Supreme Court has agreed to hear an appeal of a Texas District Court case in Houston, wherein the petitioner, The Reynolds and Reynolds Co., says it has been defamed following its $2.8 billion merger with Universal Computer Systems Inc. by anonymous bloggers. The blogs in question are hosted on Google’s blogspot system. This is likely an issue of First Amendment protection.

The law has traditionally been that anonymity is protected as part of one’s free speech. However, most courts have held that a defamer cannot evade liability by hiding behind the First Amendment protections of one’s anonymity. So, if a plaintiff can make a prima facie showing that it has evidence to support a defamation claim (i.e., that it can facially meet the standards for summary judgment), then the anonymity of the blogger will be vitiated.

In In re Does, _ S.W.3d_, 2011 WL 1447544 (Texas, April 15, 2011), the plaintiff was defamed by anonymous online bloggers whose websites were hosted on “Blogspot,” which is owned and hosted by Google. The plaintiff attempted to use Rule 202 to subpoena the identities of the bloggers for deposition. The bloggers intervened as John Does to protect their anonymity. The supreme court held that Texas Rule of civil procedure 202 did not permit the subpoena. The court’s ruling was only a quasi-First Amendment ruling, focusing more on the failure to meet the threshold requirements for seeking discovery generally. It held that there is “cause for concern about insufficient judicial attention to petitions to take presuit discovery” and that “judges should maintain an active oversight role to ensure that [such discovery is] not misused.”

Thus, the question here will be whether in In re Trooper, the Supreme Court will finally address the First Amendment question whether anonymous bloggers who can be shown to have facially defamed the plaintiff can be unmasked.

Mazin A. Sbaiti

About the Author

Medium-sized and large businesses, entrepreneurs and sophisticated investors seek out Mazin Sbaiti for his aggressive, strategic and often unorthodox approach to litigation matters. Mr. Sbaiti...Read more about Mazin A. Sbaiti

Topics

  • Antitrust
  • Contracts
  • Copyright
  • Director & Officer
  • Fraud
  • Intellectual Property
  • Litigation
  • Media
  • Patents
  • Securities and Investor
  • Trade Dress
  • Trade Secrets
  • Uncategorized

Recent Posts

  • Sbaiti & Co. Makes it into Law360 Article About Impact of Universal Health Services v. Escobar on False Claims Act Litigation August 29, 2017
  • New Article [Tries to] Explain Why You’re Paying High Legal Fees… July 18, 2017
  • Eastern District of Texas Not Going Away as Patent Venue–But One Question Remains After TC Heartland, Raytheon July 8, 2017

Receive fresh content straight to your inbox

  • Google+
  • LinkedIn
  • YouTube

Contact Details

Mazin A. Sbaiti
917-698-9530
mazin@commercialtriallaw.com
  • Disclaimer
  • Privacy Policy

Information

Mr. Sbaiti has tried over twenty five matters to conclusion, and has recovered over $1 billion in damages for plaintiffs while saving defendants over $1.5 billion in liabilities.

About Mazin SbaitiPractice Areas

© 2019 All Rights Reserved|Commercial Trial Law|Log in|Created by Sheley Marketing
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.AcceptRead more