· 1/18/2005
Highfields Capital Management L.P. v. Doe
Citations
- 385 F. Supp. 2d 969
- 2005 U.S. Dist. LEXIS 29664
- 2005 WL 2065142
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- relying on Dendrite and Cahill in holding that it “is not enough for a plaintiff simply to plead and pray”
- noting protected nature of “sardonic commentary on a public corporation ... through irony and parody”
- quashing a subpoena to identify an anonymous defendant where the plaintiff failed to adduce evidence suffi cient to make a prima facie showing as to likelihood of confusion
- adopting a “prima facie” standard which requires the party seeking enforcement of a subpoena to first make out “a real evidentiary basis for believing that the defendant has engaged in wrongful conduct that has caused real harm to the interests of the plaintiff”
- “In context, [the statements] are clearly sardonic opinion or parody, not to be taken seriously by anyone.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Chesney, Brazil
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.