I’m based in Chicago.
Phone: (630) 362-7237
Email: ebrown -at- internetcases dot com
Twitter: @internetcases
Internet Cases
A blog about law and technology
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I'm Evan Brown, an attorney helping businesses and individuals make good decisions about technology and intellectual property.
Please read and understand these terms.
I work at a law firm and represent a broad range of innovative companies and individuals. My practice focuses heavily on technology law - which means I handle issues involving the internet, intellectual property, contracts, privacy, electronic discovery and other areas of the law that come into play when one uses technology to create, sell and communicate.
Email: ebrown [at] internetcases dot com
Phone: (630) 362-7237
Evan in the press and media:
Hi, Evan.
Just listened to the TwiL podcast.
The Facebook trademark deal is intriguing because what they've actually done is, they've trademarked a prefix ("face") & a suffix ("book"). Does not the law say they can make up some new word & trademark that? Existing & in-use prefixes & suffixes should not be trademark-able—unless they want to change or modify the law to say that they can be. This is a case of the agency failing to recognize & apply the proper terminology to the items in question—prefixes & suffixes—reaching a bad conclusion & then issuing two utterly bogus & laughable trademarks.
d3lb3rt.
December 2010
FIRST AMENDMENT & BLOGGING ON TRIAL IN MISSOURI
A breach of oral contract and an uncompleted documentary have led to a Kansas City woman being sued for defamation after she started a blog in which she calls an alleged filmmaker a "despicable, haughty, typical Hollywood COCKROACH."
A beloved dog who was murdered by McGrannahan’s late violent husband and lies about the direction of the film pushed the collaboration toward its unhappy ending. The self-proclaimed filmmaker, Melissa Kester, and her subject, Mary McGrannahan, discussed a project that would tell the story of McGrannahan's relationship with an abusive alcoholic husband. But McGrannahan felt that the footage Kester shot became “all about Melissa Kester” says McGrannahan. “She was in every frame. She was changing the whole film and is angry I caught her!” It was supposed to be about McGrannahan’s chocolate lab that her husband allegedly smothered. That was the original treatment laid out by herself & Kester. This original treatment was even registered with The Writer’s Guild.
Kester’s dismissive, nasty treatment and her attempting to extort money from the poverty-stricken McGrannahan led to the latter starting a blog, Another Hollywood Cockroach, that puts revelations about Kester on public display. McGrannahan has made over 100 posts to the blog since starting it, exposing Kester on a range of subjects and calling her "phony," a "predator," a “liar” and a "possible pathological narcissist."
Kester says it's defamation, wants the blog removed and has filed suit in Federal District Court. McGrannahan says Kester is trying to use the courts to harass her. "Everything on that blog is the truth," McGrannahan. "She just doesn't want it getting out." McGrannahan says she backs up everything she says with things easily available via Google information or her unedited email files. “This was my only recourse,” asserts McGrannahan. “I am entitled to my opinion under the First Amendment.”
The two women met on the ALL ABOUT HIM forum. They discussed a documentary that would describe McGrannahan's relationship with her husband and, in the words of Kester's suit, "her plans to dispose of his ashes after his death and cremation." McGrannahan, who asserts her husband was a "violent psychopath," who beat her and abused her and her pets says he died of liver failure earlier this year. She says he killed her dog, Ben, on Valentine's Day in 2007.
Kester arranged to film McGrannahan in Kansas City in August so that she could have a "sizzle reel" to show producers. Kester's defamation suit says McGrannahan became "abusive towards Plaintiff and demanded that the direction of the film change in order to, among other things, sufficiently address the death of her dog." McGrannahan says Kester purposely strayed from the original concept tried to "steamroll" her. The film became “all about Melissa Kester” says McGrannahan. “Kester refused to enter into any contracts on this film with, never secured rights to my story and never paid me a dime.”
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In the suit, Kester says McGrannahan has sent links to Another Hollywood Cockroach to her Facebook contacts and to a foundation where she once worked part-time. Kester, who claims to have "written for film and TV, and has worked extensively in marketing and communications," according to a bio written by Kester on Kester production company's website, says the blog has put a Google stain on her name and is interfering her ability to find work. McGrannahan claims Kester is bankrolled by her mother, philanthropist Bronya Galef and has probably never had a full time job. Additionally, McGrannahan says she has discovered no references and no evidence to support Kester’s claims about her resume and that her alleged experience is “made-up.”
McGrannahan said she faced Kester's lawyers in court in Jackson County and successfully argued that Kester was not entitled to a restraining order. "She thought she could stomp all over me, because I didn't have any representation," McGrannahan said. “Ms. Kester knows I have PTSD and this was an intimidation tactic on her part. Kester is trying to use the court system to further harass and silence me.”
McGrannahan, who lives in poverty and suffers from Complex PTSD in Kansas City, MO, says she would welcome the assistance of a lawyer who is interested in First Amendment cases.
Ms. McGrannahan can be contacted at: mcgrannahan@hotmail.com
One case against Apple Personal Data Privacy Invasion http://www.caribbeanbusinesspr.com/news03.php?nt_…
Is there an actual owner of the technology that allows for someone to tag images to Facebook or any social network platform? I am asking because it seems that the benefit for these sites to obtain more content would be a good thing (not in the drinking mom's case but in general)…
Great 1st Amendment analysis regarding the US Supreme Court's Opinion on violent Video games on Episode 118, This Week in Law. Keep up the great work.
I'm a officer of a publicly traded company that has a message board ran by another company.
We are experiencing outrageous examples of defamation that many believe are grosser than they have ever seen on this popular message board.
I'm looking for some advise on retaining a effective and experienced lawyer.
I have a cause of action for great damages.
I and message board remain anonymous until appropriate.