California
27 July 2017
Reporter: Barney Dixon

EFF seeks default judgement on defamation case


The Electronic Frontier Foundation (EFF) wants a default judgement in its dispute with Global Equity Management (GEMSA) so that the US court can block an injunction issued in Australia over an apparently defamatory blog post.

GEMSA missed the deadline to respond to the EFF’s lawsuit in the US District Court for the Northern District of California, which the digital advocacy group brought in response to GEMSA obtaining an injunction in the South Australian Supreme Court.

That court found a Stupid Patent of the Month blog post making fun of a GEMSA patent to be defamatory and ordered the EFF to take it down and refrain from discussing GEMSA’s intellectual property in the future.

The EFF featured US patent 6,690,400, which claims the idea of using “virtual cabinets” to graphically represent data storage and organisation, and accused GEMSA of using it to sue “just about anyone who runs a website”.

According to the EFF, the South Australian Supreme Court injunction is unenforceable in the US and the advocacy group has so far refused to remove the post.

In its lawsuit filed in the the Northern District of California, the EFF argued that the Australian injunction seeks to silence expression of opinion and would never survive scrutiny under the First Amendment to the US Constitution.

More news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Sci-Hub holds more than two thirds of all scholarly articles
16 August 2017 | | Reporter: Barney Dixon
Academic pirate website, Sci-Hub contains nearly 69 percent of all 81.6 million scholarly articles, which rises to 85 percent for those published in closed access journals
Verizon takes eight
16 August 2017 | Geneva | Reporter: Barney Dixon
Verizon has laid claim on eight parked domains after a World IP Organisation Arbitration and Mediation Centre panel found the original registrations to be bad faith
Virgin reclaims Atlantic domain
15 August 2017 | Geneva | Reporter: Barney Dixon
Virgin Enterprises has reclaimed an infringing domain name after the original registrant tried to extort the company for money
Trump fires forward in China IP investigation
15 August 2017 | Washington DC | Reporter: Barney Dixon
US President Donald Trump has signed a memorandum asking the US Trade Representative to examine whether China should be investigated for alleged intellectual property malpractice
Trump to give green light for China IP investigation
14 August 2017 | Washington DC | Reporter: Barney Dixon
US President Donald Trump is to sign an executive memorandum authorising the US Trade Representative to examine China’s allegedly “unfair” intellectual property practices
Take-Two scores slam dunk in NBA case
14 August 2017 | New York | Reporter: Barney Dixon
The maker of the NBA 2K video game series, Take-Two, has won the dismissal of statutory damages of as much as $150,000 per copyright infringement in its legal battle with Solid Oak Sketches
Daily Mail recovers copycat domain
14 August 2017 | Geneva | Reporter: Barney Dixon
Associated Newspapers, owner of tabloid the Daily Mail, has recovered a “confusingly similar” domain name