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Dynetech Corporation and GlobalTec Solutions, LLP v. Leonard Fitness, Inc. and Justin Leonard

Topic(s): Internet Free Speech
Internet Free Speech - Right To Speak Anonymously
Status: open
Date Of Involvement: 05/23/2007

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Description:

Public Citizen filed a motion to dismiss a lawsuit in Florida by two affiliated informercial companies that are attempting to shut down negative reviews of their day trading software on the websites InfomercialRatings.com and InfomercialScams.com. The companies claimed that running a website where consumers can post reviews of their products constitutes trademark infringement and a variety of other wrongs, and sought triple damages and attorneys' fees against the site's owner. In its motion to dismiss, Public Citizen argues that the Arizona-based website operator is not subject to jurisdiction in Florida, that the websites are protected by the First Amendment, that posting reviews is not trademark infringement, and that the Communications Decency Act protects a website owner from liability for what users post on the site.

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