Ex Parte Discovery Permitted in Website Trademark Infringement and Defamation Case
The recent decision of a Utah District Court has opened the door to ex parte discovery in cases involving website content. In 1524948 Alberta Ltd. V. Joe Doe 1-50, No. 10-900 (D. Utah September 23, 2010), the plaintiff alleged that certain website content infringed on its trademark and was defamatory. The court found that information on a website is "transitory in nature" and held, therefore, that good cause exists to permit discovery prior to a Rule 26(f) conference. Read the full text of the case here.
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