Mudd Law Offices

Providing Legal Representation to Individuals and Business Organizations

Current Selected Litigation Matters

Anonymity on the Internet

Mobilisa, Inc. v. Does (Superior Court of Arizona, Maricopa County) (pro hac vice admission)

Charles Mudd represents third-party The Suggestion Box, Inc. (www.theAnonymousEmail.com) in this action. Mobilisa, Inc. has filed an action against several John Does for alleged intrusion upon Mobilisa's computers. One of these defendants has been alleged to have obtained a private email written by an officer of Mobilisa, Inc. and forwarded the email to numerous third parties. This individual allegedly used an anonymous email address obtained from TheAnonymousEmail.com.

Mobilisa, Inc. has sought the individual's personally identifying information from TheAnonymousEmail.com through a motion for leave to conduct limited discovery. On behalf of TheAnonymousEmail.com, Charles Mudd has filed an opposition to this motion. Oral arguments were heard in Phoenix, Arizona on December 2, 2005. While the Court initially adopted the Cahill standard, the Court permitted discovery.

Soon after the trial court ordered TheAnonymousEmail.com to disclose John Doe's information, our firm filed an appeal with the Court of Appeals of Arizona seeking reversal of the trial court's order. Oral arguments were heard September 4, 2007. We now await the ruling from the Court of Appeals of Arizona.

SI03, Inc. v. Does (Northern District of Illinois and District of Idaho)

Contractual and Employment Relations

Phillips v. Atlas Galleries, Inc., 07 CV 003385 (Circuit Court of Cook County)

Our firm represents international artist Frederick Phillips in litigation filed against Atlas Galleries, Inc. of Chicago, Illinois. The Complaint includes claims for declaratory judgment seeking to declare the contract between the parties unconscionable; fraudulent inducement; breach of contract; and violation of the Illinois Consignment of Art Act.

Defamation

Colombik v. Jooste, 06 L 1730 (Circuit Court of Cook County, Illinois)

Our firm successfully obtained dismissal of a defamation claim brought against our client. In this action, the Plaintiff misinterpreted a Google search result containing fragmented portions of a web page. Specifically, the Plaintiff construed the fragments of text as attributing an offensive statement to our client. In fact, the web page contains an index of Internet posts that demonstrates the offensive statement as contained within a distinct post from that attributed to our client. Aside from the substantive issues, we moved to dismiss based on lack of personal jurisdiction and because the statute of limitations had elapsed.

The Court dismissed the lawsuit for lack of personal jurisdiction and because the statute of limitations had elapsed.

Macumber, et al. v. ISMIE, et al., 04 L 4202 (Circuit Court of Cook County, Illinois)

We represent the Plaintiffs in this action brought against the Defendants for defamation, false light, tortious interference with business relations, and other related claims. This matter has been presented to the Illinois Appellate Court.

Tamburo v. Andrews, 06 CV 51 (Will County, Illinois)

We successfully dismissed a meritless action brought by John Tamburo for alleged commercial defamation against our client.

The Plaintiff, John Tamburo, filed an appeal before the Illinois Appellate Court. We successfully argued against the appeal. The Illinois Appellate Court affirmed the lower court's ruling.

The Plaintiff has since appealed to the Illinois Supreme Court.

Tamburo v. Dworkin, et al., 04 C 3317 (Northern District of Illinois)

We represent all but one of the multiple defendants sued by Plaintiff John Tamburo for defamation and a host of other claims. Plaintiff Tamburo obtained facts contained within some of the Defendants' online databases of dog pedigrees using spider programs. Plaintiff Tamburo later incorporated this date into his own commercial product. The Defendants learned of this and complained of Plaintiff Tamburo's conduct online. Specifically, the Defendants ontend that Plaintiff Tamburo obtained the data without authorization. This case also involves issues of copyright of databases. Two of the Defendants reside outside the United States.

On behalf of the Defendants, Charles Mudd filed a motion to dismiss upon a variety of grounds. The Court granted the motion to dismiss as John Tamburo did not constitute the true party in interest. The Court further instructed John Tamburo, who had proceeded pro se, to obtain counsel. Defendants intend to file a motion to dismiss should John Tamburo proceed with counsel in this action.

Intellectual Property Litigation

Allison v. Wise, et al., 07 cv 143 (District of Colorado)

Charles Lee Mudd Jr. represents Jeremy Wise in litigation brought against Mr. Wise and others for alleged copyright infringement of cheat codes. Charles has filed a motion to dismiss on behalf of Jeremy Wise for lack of personal jurisdiction. This motion has been fully briefed and awaits a ruling from the District of Colorado. Discovery has been stayed pending resolution of the motion to dismiss.

American Taxi v. American Eagle Taxi, 07 CV 946 (N.D. Illinois)

American Taxi brought suit against American Eagle Taxi for alleged trademark infringement of the registered trademark "American Taxi." We successfully resolved this matter on behalf of our client through settlement.

Arista Records LLC, et al. v. David Greubel, 05 CV 531 (N.D. Texas)
UMG Recordings, Inc., et al. v. Does 1-10, 06 CV 860 (N.D. Texas)

These RIAA lawsuits both relate to the Recording Industry's pursuit of the Greubel family for alleged file sharing. Initially, our firm represented David Greubel. After the RIAA recognized that David Greubel, the parent of four children, had no involvement in any file-sharing activity, the RIAA filed a subsequent suit against his for children for alleged copyright infringement. We now represent the Greubel children. Nearly all of the children have filed answers to the amended complaint in the 2006 action. Discovery has begun.

Best Vacuum, Inc. v. Ian Design, Inc., 04 C 2249 (N.D. Illinois)

We successfully obtained summary judgment in favor of our defendant-client who had been sued for alleged trademark infringement by Best Vacuum, Inc. of Illinois. Best Vacuum, Inc. contended that Ian Design, Inc.'s use of the domains "bestvacuumcleaner.com" and "bestchoicevacuums.com" infringed its alleged mark "best vacuum." Ian Design, Inc. opposed such allegations. On behalf of Ian Design, Inc., we also successfully defeated Best Vacuum's motion for preliminary injunction. In response to the Plaintiff filing its motion for summary judgment, we filed a cross motion for summary judgment. The trial court held that "best vacuum" was not a protectable mark.

Scott Eversoll, et al. v. Earl Clark, et al., 04 C 6457 (N.D. Illinois)

We represent Scott Eversoll and Marty Jensen in a copyright infringement action brough against Earl Clark and other parties for infringement of the song "I Found Jesus on the Jailhouse Floor." Plaintiffs have settled with all but Earl Clark and Earl Clark Music. Pushing forward against these final defendants, we obtained default judgment, entered the judgment in a foreign jurisdiction, and have successfully collected royalties on behalf of our clients.

Lions Gate Entertainment, Inc., et al. v. CafePress.com, Inc., et al., 06 CV 7917 (C.D. California)

Our firm has represented shop owner defendants in litigation brought by Lions Gate Entertainment and other parties for alleged trademark infringement, copyright infringement, unfair competition, and related claims.

Tamburo v. Dworkin, et al., 04 C 3317 (N.D. Ill.)

We represent all but one of the multiple defendants sued by Plaintiff John Tamburo for defamation and a host of other claims. Plaintiff Tamburo obtained facts contained within some of the Defendants' online databases of dog pedigrees using spider programs. Plaintiff Tamburo later incorporated this date into his own commercial product. The Defendants learned of this and complained of Plaintiff Tamburo's conduct online. Specifically, the Defendants ontend that Plaintiff Tamburo obtained the data without authorization. This case also involves issues of copyright of databases. Two of the Defendants reside outside the United States.

On behalf of the Defendants, Charles Mudd filed a motion to dismiss upon a variety of grounds. The Court granted the motion to dismiss as John Tamburo did not constitute the true party in interest. The Court further instructed John Tamburo, who had proceeded pro se, to obtain counsel. Defendants intend to file a motion to dismiss should John Tamburo proceed with counsel in this action.

Privacy Related Litigation

Harris v. Mediacom Communications Corp., et al., 07 CV 0792 (N.D. Illinois)

Our firm represents the Plaintiff in this action against Defendants for unauthorized disclosure of private information information. Specifically, the Complaint alleges that the Defendant Mediacom Communications Corp. disclosed the Plaintiff's personal identifying information to an unauthorized individual which provided unfettered access to the Plaintiff's personal email.

Kloser, et al. v. Leisure Technician, et al., 06 CV 1668 (District of Maryland)

Our firm represents the Plaintiffs in this action against Defendants for violations of federal and state wiretapping statutes stemming from the intentional misconfiguration of Plaintiffs' client email settings such that the Defendants received and monitored email being sent to Plaintiffs in response as replies to previously delivered confidential email. This matter is in discovery.

Steinbach v. Village of Forest Park, et al., 06 CV 4215 (N.D. Illinois)

Our firm represents Commissioner Theresa Steinbach in this action against Defendants for violation of federal and state wiretapping statutes (and related privacy claims) for unauthorized intrusion into Commissioner Steinbach's private email account and distribution of private emails to the Mayor of the Village of Forest Park.

Thompson v. Hosting Solutions, Inc., et al., 07 CV 50140 (N.D. Illinois)

Our firm represents the Plaintiff in this action against Defendants for unauthorized disclosure of private information information. Specifically, the Complaint alleges that the Defendant Hosting Solutions, Inc. disclosed the Plaintiff's personal identifying information to an unauthorized individual.

** Doe Litigation

At any one time, we have a number of cases involving Doe Plaintiffs who have been victimized by individuals publishing photographs and videos on the Internet without authorization. For the privacy of the present Plaintiffs, we will not discuss specific details related to the litigation.