Sending A Dick Pic As Your Response To A Lawsuit: Not An Effective Legal Strategy

from the just-saying dept

When we last wrote about Hunter Moore, the guy who created one of the more well known "revenge porn" sites called "Is Anyone Up," it was because he'd lost a lawsuit (mostly by ignoring it) and was ordered to pay $250,000, which (as far as we know) he's ignored as well. Others have been suing Moore, including Brandi Passante, from the TV show Storage Wars who sued Moore for posting a video that he claimed was a sex tape of Passante that she had made for him. Moore mostly ignored the lawsuit, except for... sending a photo of his penis to Passante's lawyer. As Adam Steingbaugh points out,
Dick pics are not among the responsive pleadings permitted by Federal Rules of Civil Procedure Rule 12.
The court has now found Moore liable for trademark infringement, fraud and defamation, though has only awarded $750 in damages plus attorney fees. The low amount, however, is mainly because Passante failed to show her actual damages. She can submit more information explaining any actual damages and the amount Moore owes could go up. The court appears to recognize that Moore seems to have little interest in the judicial process.
Defendant has stated that he receives “about a million” cease and desist letters but states that “Idon’t give a fuck. I’m never going to stop.”
I will say that I'm extremely skeptical of publicity rights cases, as well as many trademark cases like this one, where it appears trademark is being used as yet another way to shoot for a publicity rights kind of protection, but under federal, rather than state laws. But, given the way Moore has treated this case, it's hardly a surprise that the court went with a default judgment against Moore.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
    identicon
    Anonymous Coward, Jun 27th, 2013 @ 2:40pm

    This guy seems fairly cocky.

     

    reply to this | link to this | view in thread ]

  2.  
    identicon
    gnudist, Jun 27th, 2013 @ 2:56pm

    Re:

    Someone that arrogant will never get a head in life

     

    reply to this | link to this | view in thread ]

  3.  
    identicon
    Zac Morris, Jun 27th, 2013 @ 3:14pm

    Sounds effective to me

    I hate to sound like an ass, but if his goal is to cause even more stress to this person, with only a $750 slap on the wrist, I'd say has strategy sounds pretty effective to me...

     

    reply to this | link to this | view in thread ]

  4.  
    icon
    BentFranklin (profile), Jun 27th, 2013 @ 3:14pm

    I like to imagine that some NSA prole had to view that pic before they stored it forever in their Utah fortress, and had to ponder, if ever so briefly, whether it contained a coded message.

     

    reply to this | link to this | view in thread ]

  5.  
    identicon
    Zac Morris, Jun 27th, 2013 @ 3:14pm

    Re: Re:

    You guys are just being dicks! ;-)

     

    reply to this | link to this | view in thread ]

  6.  
    identicon
    Anonymous Coward, Jun 27th, 2013 @ 3:23pm

    Re:

    Oddly enough it highly probably contains the code for life itself.

     

    reply to this | link to this | view in thread ]

  7.  
    identicon
    Anonymous Coward, Jun 27th, 2013 @ 3:24pm

    That is what people call "a dick move"?

     

    reply to this | link to this | view in thread ]

  8.  
    icon
    Nastybutler77 (profile), Jun 27th, 2013 @ 3:40pm

    This is my favorite TD post headline ever.

     

    reply to this | link to this | view in thread ]

  9.  
    identicon
    Anonymous Coward, Jun 27th, 2013 @ 3:51pm

    Re: Re: Re:

    Please don't give us a hard time.

     

    reply to this | link to this | view in thread ]

  10.  
    identicon
    Anonymous Coward, Jun 27th, 2013 @ 3:51pm

    Re: Re:

    Only half.

     

    reply to this | link to this | view in thread ]

  11.  
    icon
    John Fenderson (profile), Jun 27th, 2013 @ 4:18pm

    Re: Re: Re: Re:

    Careful you don't make him spitting mad.

     

    reply to this | link to this | view in thread ]

  12.  
    identicon
    Anonymous Coward, Jun 27th, 2013 @ 4:32pm

    Re: Re: Re: Re: Re:

    Now you're all just being juvenile... in need of a good whack with the rod.

     

    reply to this | link to this | view in thread ]

  13.  
    identicon
    quawonk, Jun 27th, 2013 @ 4:37pm

    I hope this piece of garbage gets what's coming to him. Huge fines he can't pay and/or jail time.

     

    reply to this | link to this | view in thread ]

  14.  
    identicon
    Anonymous Coward, Jun 27th, 2013 @ 5:36pm

    What a dick..

     

    reply to this | link to this | view in thread ]

  15.  
    identicon
    9Blu, Jun 27th, 2013 @ 6:47pm

    "Dick pics are not among the responsive pleadings permitted by Federal Rules of Civil Procedure Rule 12."

    Well this obviously need to be corrected. Photocopied butts should also be considered a valid response as well.

     

    reply to this | link to this | view in thread ]

  16.  
    identicon
    Anonymous Coward, Jun 27th, 2013 @ 6:48pm

    Re: Re: Re: Re: Re: Re:

    We're on the internet. Whacking is what it was made for!

     

    reply to this | link to this | view in thread ]

  17.  
    identicon
    Anonymous Coward, Jun 27th, 2013 @ 6:52pm

    Re: Re: Re:

    Species talk.

     

    reply to this | link to this | view in thread ]

  18.  
    identicon
    Anonymous Coward, Jun 27th, 2013 @ 7:08pm

    Re:

    This is an interesting experiment.
    What if your actual, legal response is written on your butt and then you photocopied it to send. Would that be considered a valid response?

     

    reply to this | link to this | view in thread ]

  19.  
    identicon
    Anonymous Coward, Jun 27th, 2013 @ 10:17pm

    Re: Sounds effective to me

    She should have hired the RIAA lawyers.

    They would probably have got a few 000's added on to that figure.

     

    reply to this | link to this | view in thread ]

  20.  
    icon
    That One Guy (profile), Jun 28th, 2013 @ 12:14am

    Given the contempt he seems to hold for, well, everyone not him, I have to wonder if the pic was only meant for her, or the whole court in general. After all, a $750 fine? That's probably nothing to a scumbag like that for the chance to mock an entire courtroom full of lawyers and one of his victims.

     

    reply to this | link to this | view in thread ]

  21.  
    icon
    Ninja (profile), Jun 28th, 2013 @ 4:02am

    Re: Re: Re: Re: Re: Re: Re:

    I am overwhelmed by the amount of possible jokes and puns!

    I think he was too hard on Ms Peasant.

     

    reply to this | link to this | view in thread ]

  22.  
    identicon
    Anonymous Coward, Jun 28th, 2013 @ 6:00am

    The video sucks anyway.

     

    reply to this | link to this | view in thread ]

  23.  
    icon
    another mike (profile), Jul 1st, 2013 @ 10:51am

    $750 isn't much of an endowment. Apparently the court was not impressed.

     

    reply to this | link to this | view in thread ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Save me a cookie
  • Note: A CRLF will be replaced by a break tag (<br>), all other allowable HTML will remain intact
  • Allowed HTML Tags: <b> <i> <a> <em> <br> <strong> <blockquote> <hr> <tt>
Follow Techdirt
A word from our sponsors...
Essential Reading
Techdirt Reading List
Techdirt Insider Chat
A word from our sponsors...
Recent Stories
A word from our sponsors...

Close

Email This