[Wikimedia-l] [Wikimedia-blog] [Wikimedia Announcements] Update to Internet Brands travel site lawsuit
swatjester at gmail.com
Thu Nov 29 11:14:11 UTC 2012
Congratulations! Sounds like a good outcome overall!
On Thu, Nov 29, 2012 at 4:05 AM, Matthew Roth <mroth at wikimedia.org> wrote:
> Hi all, I'm sharing a blog post on behalf of Wikimedia Foundation General
> Counsel Geoff Brigham with an update about the Internet Brands travel site
> lawsuit. This update can be found online here:
> The federal district court in Los Angeles has now issued its written order
> on volunteer Ryan Holliday’s anti-SLAPP motion and motion to dismiss<http://wikimediafoundation.org/wiki/File:2012-09-26_Notice_of_Defendants%27_Special_Motion_to_Strike.pdf>.
> A copy of the order is available here<http://wikimediafoundation.org/wiki/File:2012-11-19_D18_Order_re_Special_Mtn_to_Strike_and_Mtn_to_Dismiss.pdf>.
> The order is consistent with our prior report<http://blog.wikimedia.org/2012/11/19/update-on-internet-brands-v-holliday/> following
> the hearing on November 19. In the order, the court noted that Internet
> Brands abandoned its federal Lanham Act claim. That claim was based on the
> factual allegation that the Foundation was operating a new travel wiki
> called “Wiki Travel Guide,” which Ryan showed to be incorrect. After being
> required to respond to Ryan’s motion, Internet Brands was forced to admit
> that the basis of its claim was primarily predicated on an assumption.
> Noting that this Lanham Act claim was the only claim supporting federal
> jurisdiction, the court dismissed the remainder of Internet Brands’ case
> and found Ryan’s anti-SLAPP motion to be moot.
> While we had hoped that the court would reach the merits of Ryan’s
> anti-SLAPP motion, the dismissal of the entire suit nonetheless represents
> a victory for Ryan and volunteer James Heilman (who was also named in the
> suit). We congratulate both of them on this result.
> Meanwhile, the Wikimedia Foundation is proceeding forward with its lawsuit
> against Internet Brands in San Francisco. Internet Brands has filed a
> demurrer (motion to dismiss), the hearing for which has been postponed to
> December 14. The court has issued a tentative ruling on that motion, which
> is available here<http://wikimediafoundation.org/wiki/File:Minutes_-_Demurrer_11-19-12.pdf>.
> In the tentative ruling, the court indicates that it is inclined to rule
> against Internet Brands. We will update you further after the hearing.
> *Geoff Brigham, General Counsel*
> Matthew Roth
> Global Communications Manager
> Wikimedia Foundation
> +1.415.839.6885 ext 6635
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