Categories: Copyright, First Amendment, Constitution
Tags: First Amendment, Discovery , Phillip Barengolts
by Phillip Barengolts, Trademark Attorney
“Skywalker’s First Amendment right to anonymous speech outweighs the need for discovery at this time.” Art of Living Foundation v. Does 1-10, No. 10-cv-05022 (N.D. Cal. Nov. 9, 2011).[1] This statement and the decision in Art of Living Foundation has significant consequences for intellectual property owners pursuing claims against defendants hiding behind privacy services, pseudonyms, or using other identity blocking methods – an increasingly common obstacle to enforcing intellectual property rights.
But first, a few words about the parties. The Art of Living Foundation (“AOLF”) is an international “educational and humanitarian” organization dedicated to teaching the spiritual lessons of “His Holiness Ravi Shankar.”[2] Technically, the plaintiff in this case is the U.S. branch of AOLF. The defendants, who go by the pseudonyms “Skywalker” and “Klim,” write blogs that criticize AOLF. Allegedly, they are disgruntled former participants in AOLF.
After filing a complaint for defamation, trade secret misappropriation, trade libel, and copyright infringement, AOLF sought expedited discovery to learn the true identities of Skywalker and Klim. The magistrate in the case granted this request and AOLF issued subpoenas to Google and Automattic – the companies that host the defendants’ blogs. AOLF’s stated purpose for the subpoenas was to serve the complaint upon the defendants. The defendants made special appearances through counsel to move to quash these subpoenas, among other motions that ultimately left only the copyright and trade secret misappropriation claims pending.[3]
