• Home
  • About Us
  • Meet The Team
  • Practice Areas
    • Defamation Law
    • Internet Law
    • Corporate Law
    • Ecommerce Law
    • Advertising Law
    • Social Media Law
  • Internet Law Blog
  • Contact Us

Call Toll Free 1-866-570-8585

Find An Office Near You
Speak With an Internet Lawyer Now
RM Warner Law | Online, Marketing, Internet Business Law FirmRM Warner Law | Online, Marketing, Internet Business Law Firm
RM Warner Law | Online, Marketing, Internet Business Law FirmRM Warner Law | Online, Marketing, Internet Business Law Firm
  • Home
  • About Us
  • Meet The Team
  • Practice Areas
    • Defamation Law
    • Internet Law
    • Corporate Law
    • Ecommerce Law
    • Advertising Law
    • Social Media Law
  • Internet Law Blog
  • Contact Us

How Do I Sue An Anonymous User for Defamation or Copyright Infringement? John Doe Lawsuits Explained

Home » Cyberbullying » How Do I Sue An Anonymous User for Defamation or Copyright Infringement? John Doe Lawsuits Explained
John Doe Defamation Lawsuit | RM Warner Law

How Do I Sue An Anonymous User for Defamation or Copyright Infringement? John Doe Lawsuits Explained

February 5, 2021Posted byRaees Mohamed Cyberbullying, Defamation, Intellectual Property, Internet Law, Social Media Law2 Comments

Someone isdefaming,harassing,orextortingyou online,orperhapsinfringingyour copyrighted contentonline – but youdon’t know who! Unfortunately, defamation on social media is a common occurrence, specifically anonymous defamation on social media, so how do you sue someone if you don’teven know who theyare?Is it worth it?Can you uncover theidentityof the anonymousposter? Well the answer is yes, you absolutely can! Depending on the circumstancesof yoursituation, you may have theoptionto file a John Doedefamation lawsuit.

John Doe Lawsuit Definition

What is a John Doe Lawsuit?

When you take legal action against an unknown party, it is referred to as a “John Doe” lawsuitor an unknown defendant lawsuit.These typesof lawsuits usually occur whena plaintiffislegally “wronged” in one way or the otherby an anonymous website,blog,or social media account. Filing these typesof lawsuits mayalsohelpyouin the process ofuncoveringthe identity of the unknown defendant.

John Doe Lawsuit Example

Someone has written a fakeor defamatoryreview about your business onYelp!, RipOffReport, Googleor another platform. Now, your business issuffering,and you want to file a defamation lawsuitto get thefake or defamatoryreview removed, but first you need to discover who posted the anonymous review. Enter John Doe lawsuits! These lawsuits can also be used when an anonymous poster creates a defamatory YouTube video, website, or defamatorycommentary on your social media page.

Filing A John Doe Lawsuit

When should I file a John DoeLawsuit?

You should file a John Doe lawsuit as soon as you can. Even though youdon’tyet know theidentityof thedefendant,it isbest to fileyour defamation lawsuitas quickly as possible,becausethe statute of limitationsmayrunout, and important evidence may get deleted orremovedfrom internet servers.This is anotherreason whyJohn Doe lawsuits are helpful. They allow you to fileand preserve your evidence and claimsbeforeit’stoo late.

Reasons to File A John Doe Lawsuit

  • An Anonymous Blogger is defaming you or your business
  • Fake Google or Yelp! Review
  • FalseRip Off Report Listing
  • Copyright Infringement Online
  • Cyberbullying
  • Revenge Porn
  • Sextortion
  • False #MeToo Allegation
  • Personal Injury– Hit and Run

Steps to File an AnonymousDefamationLawsuithow to file a john doe lawsuit

MakeSureYour Defamation Claim is Legit

First, make sure you have all thenecessary elements to file a defamation lawsuit AND make sure the statute of limitations for defamation claims in your state has not run out.

Hire an Internet Defamation Lawyer

This process can be complicated, especially since defamation cases like these are unique and not every attorney is experienced in Internet law. It is best to contact an experienced Internet defamation attorneyto make sure all your bases are covered.

Prepare aComplaint

Your defamation lawyer will then evaluate your case and prepare a compliant based on the severity of the situation andwhat kind of damages you would like toseek.

Even though youdon’tknow the actual identity of the defendant, you need to send them a copy ofthecomplainton the same platform or website they are harassing you on.If they defamed you viaTwitter, DM them on Twitter. If they wrote an anonymous blog about you, send the complaint in via their contact page,orattach itin the comments if possible.If an anonymous poster wrote a Rip Off Report about you, you need to post the complaint on Rip Off Report. You get the idea.

Uncovering the Identity of the Anonymous User

Once you have made the unknown defendant aware that you are seeking their identity, you can begin the process of obtaining a subpoena to uncover their identity. In Arizona,therequirements to uncover an anonymousposter’s identitywith a subpoenais stated inTheMobilisav. Doecase, but the process is similar for other states as well.

Hypothetical Summary Judgement

Your lawyer will ensure that you have legit claims. As mentioned before, youmustmeet all therequirements for defamation within the statute of limitations. This means that you must be able to show a judge that your case can pass the summary judgment requirements without theidentifyof the anonymous poster.

BalancingTest

Then, your attorney will conduct a balancing test in which you wouldevaluatewhetheryou couldidentifythis user any other way and whetherthere any other circumstances that weigh toward protecting the author’s anonymous rights.Basically, they will make sure there are no reasons a judge should stop you from obtaining the subpoena.

Obtainand Issuea Subpoena

Once permission has been granted, issue the subpoena to the website orplatformwhere thedefamatorycontent is being hosted as well as theInternet Service Provider (ISP).In many cases, this may include GoDaddyas many websites are registered with GoDaddy or with GoDaddy’s “Domains by Poxy”. DomainsByProxy is aservicethathidesthe name of the person who owns the site.SinceGoDaddy’sheadquartersarelocatedinArizona, it is important that your attorneyfollows the required steps outlined in theMobilisaV. Doe case mentioned above.

Within the subpoena, it is important to requestall ofthe necessary information that would help you obtain the anonymous John Doe defendant’s identity.But youhave tobe careful not to request information in a subpoena that is too broad.Examples of the type of information to ask forwhen issuing a subpoena to an online platformare as follows:

  • Email addresses
  • IP Addresses
  • Browser type
  • Operating System
  • Timesaccessed
  • Time on Site
  • Service provider
  • Any info from Google Analytics,etc.

Then, if you are able to uncover the anonymous user’s identity, we can amend the complaint and switch out the “John Doe” for the defendant’s actual name!

Protect Your Reputation by Contacting a Defamation Lawyer Today

If you areseekingto file a John Doe lawsuit,or if you need to issue a subpoena to GoDaddy or other domain registration company,get in contact with an experienced Internet lawyer today. Our law firm has experience with these types of cases and can help youto try anduncover an anonymous identity, sue for defamation, and, ultimately, getthe content removed from online.

Schedule a consultation with an RM Warner Internet defamation attorney now!

Tags: anonymous usercyberbullyingdefamationip lawjohn doejohn doe lawsuitlibelrevenge pornsextortionslander
2 Comments
Share
1

About Raees Mohamed

Raees is a Founding Partner at RM Warner PLC, a corporate and Internet Law firm that caters to startups and entrepreneurs. He is also an adjunct professor of law in the acclaimed Innovation Advancement Program legal clinic at the Sandra Day O’Connor College Of Law in Phoenix. There, he teaches law students how to counsel local entrepreneurs as Rule 39 certified student-practitioners. Raees believes the push for the advancement of innovation and a culture of entrepreneurship should come from academic institutions.

You also might be interested in

social media influencers standing in a line looking down at their phones | RM Warner Inernet Law Firm

Social Media Deception? This Instagram Feature Hides Likes and Follower Counts

May 2, 2019

Does allowing users to hide their likes and follower count[...]

school shooter standing in front of school | violent acts | mass shootings | RM Warner Internet Law Firm | Daniel Warner | Daniel R Warner | Raees Mohamed

Deleting Violent Acts Caught on Camera from U.S. Websites

May 3, 2019

The speed and vastness of the internet is something that[...]

judge hitting wooden gavel | RM Warner Internet Law Firm | Jussie Smollett | Daniel R. Warner | Daniel Warner | Raees Mohamed

Can Jussie Smollett be Sued for Defamation?

May 4, 2019

What Happened to Jussie Smollett? If you’ve been paying attention[...]

2 Comments

Leave your reply.
  • preppy1275@yahoo.com'erotik
    · Reply

    March 2, 2021 at 4:07 AM

    Howdy! This is my 1st comment in this article so I merely wanted to offer a rapid shout out and say I truly enjoy reading through your content. Can you recommend any other blogs/websites/forums that package with the same subject areas? Thank you so very much! Fawnia Major Giverin

  • morisen@gmail.com'cialis fr mnner
    · Reply

    March 5, 2021 at 7:55 AM

    Appreciate it for this post, I am a big fan of this website would like to keep updated. Netti Sid Steve

Leave a Reply

Your email is safe with us.
Cancel Reply

Recent Posts

  • Mastering the Art of Responding to Online Blackmail: A Step-by-Step Guide
  • What to Do If Someone Is Tarnishing Your Reputation
  • Is It Difficult to Win a Defamation Case?
  • What Are the 7 Types of E-Commerce?
  • How Do You Win a Defamation Lawsuit?

Recent Comments

  • Raees Mohamed on Cyberbullying Lawyer: How to Sue for Cyberbullying with Defamation Laws
  • Sylvia Richards on Cyberbullying Lawyer: How to Sue for Cyberbullying with Defamation Laws
  • WebDirectory on Can I Sue Someone For Leaking My ‘OnlyFans’ Content?
  • Links.M106.COM on Dr. Dre’s Divorce Battle Ain’t Nuthin’ But a “G” Thang: Nicole Young Fights for the Intellectual Property Rights to Dr. Dre’s Name
  • Website directory on Can Jussie Smollett be Sued for Defamation?

Contact Us

Send us a message and we'll get back to you, asap.

Send Message
Speak With An Internet Lawyer TodayCall Now
  • Defamation Law
  • Internet Law
  • Corporate Law
  • Ecommerce Law
  • Advertising Law
  • Social Media Law
Footer Icon PNG White | RM Warner Inernet Law Firm

RM Warner Law is a Corporate and Internet Defamation Law Firm based in Scottsdale, Arizona. Our experienced Internet Lawyers have successfully represented hundreds of Entrepreneurs and E-commerce Law clients throughout the US and around the world.

Recent Posts

  • Mastering the Art of Responding to Online Blackmail: A Step-by-Step Guide
  • What to Do If Someone Is Tarnishing Your Reputation
  • Is It Difficult to Win a Defamation Case?
  • What Are the 7 Types of E-Commerce?
  • How Do You Win a Defamation Lawsuit?

Tweets by RMWarnerLaw1

  • RM Warner Instagram
  • Blog
  • Terms of Service

Social Icons Widget

  • RM Warner Law
  • 8283 N Hayden Rd Ste. 229, Scottsdale,
    AZ 85258, United States
  • 1-866-570-8585
  • 866-961-4984
  • admin@rmwarnerlaw.com

© 2020 — RM Warner Law

  • RM Warner Instagram
  • Blog
  • Terms of Service
PrevNext