Prominent NJ Law Firm Sues Former Associate for Website Infringement

(November 2009) Levinson Axelrod, a prominent New Jersey personal injury law firm, has filed suit against its former disgruntled associate, Edward Heyburn, who in September 2009 registered and published a website domain using Levinson Axelrod's name for the purpose of airing his grievances against them. The firm filed suit in the Superior Court of New Jersey on an emergent basis, seeking to shut down the website, www.levinsonaxelrod.net, alleging, among other claims, that the content posted on the site is defaming the firm's reputation, the site is diverting traffic from the firm's legitimate website, www.levinsonaxelrod.com, and the use of the firm's name in the domain registration constitutes cybersquatting and trademark infringement.

However, Heyburn quickly removed the lawsuit to the United States District Court for the District of New Jersey because Levinson Axelrod’s complaint provides a federal question basis for removal by claiming violations of the federal Anticybersquatting Consumer Protection Act and the Lanham Act on trademarks. Two state law counts of the firm's Complaint allege unfair competition and breach of the duty of loyalty by Heyburn, who worked at Levinson Axelrod from 1998 to 2004. Although Heyburn’s site does not disclose client names, the firm is accusing him of disclosing confidential communications by providing enough case specifics to identify clients.

The "gripe site", www.levinsonaxelrod.net, includes videos from Heyburn in which he sharply criticizes the firm's partners, describing one of them to have a "1970's porno mustache," and contains various blog posts where he accuses the firm of engaging in unethical conduct such as trying to "stiff attorneys on referral fees" for cases referred by lawyers from other firms. In one prominent blog post, Heyburn boasts that he's created a group on the social networking site Facebook called, "Levinson Axelrod Really Sucks."

In an attempt to fend off Heyburn from publishing additional websites using the Levinson Axelrod name, the firm purchased www.levinsonaxelrodsucks.com, and www.levinsonaxelrodsucks.net. In an open letter to Levinson Axelrod's litigation counsel which he conveniently publishes on the "gripe site," Heyburn openly mocks the firm for purchasing these domains:

Unfortunately, your client’s Web Master has already purchased levinsonaxelrodsucks.com and levinsonsexaxelrodsucks.net through Go Daddy. * * * Do they really need 2 LevinsonAxelrodSucks websites? I can only assume that they plan to launch a competing LevinsonAxelrodSucks.com website and steal my web traffic. I applaud you for your creativity. Clearly, they have an inside tract to what sucks. If I am incorrect and they merely plan to park the domains for eternity, then I have a proposal for you. I will give Levinson Axelrod the levinsonaxelrod.net domain name in exchange for the levinsonaxelrodsucks.com domain. My viewers would like continuity between the URL and the content anyway. This would satisfy both your client and my readers.

In his defense, Heyburn claims that he has no intention to profit from the "gripe site," but rather only to air his grievances against the firm. According to Heyburn, he launched the site because "(the firm's partners) have such an elitist attitude."

The case has gained significant news coverage in New Jersey, including the Newark Star Ledger and New Jersey Law Journal, and contains fascinating legal issues about the developing law of online defamation between former employee and employer, cybersquatting, diversion of website traffic, and trademark infringement. Thus far, the firm's interim attempts to force an immediate shut down of the "gripe site" have been unsuccessful.

I will continue to monitor this case in future posts.