Glennon v. Rosenblum
325 F. Supp. 3d 1255
N.D. Ala.2018Background
- Plaintiff Monika Glennon, a Huntsville RE/MAX real estate agent, owns a copyrighted professional portrait taken in 2013 and registered in 2016.
- Defendant Mollie Rosenblum anonymously posted a fabricated, sexually explicit story on a website called "She's a Homewrecker" in 2015, attaching Glennon's full name and professional portrait and urging readers not to hire her.
- The false post went viral, was reposted on other sites, picked up by media, and caused public ridicule and professional harm; Rosenblum later admitted she had not met Glennon and that the story was false.
- Rosenblum did not appear in the lawsuit; clerk's default was entered and Glennon moved for judgment (construed as a motion for default judgment).
- The court considered affidavits and pleadings, found personal and subject-matter jurisdiction proper, and found Rosenblum admitted well-pleaded factual allegations by default.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court has jurisdiction and may enter default judgment | Federal copyright claim invokes §1331; state claims are part of same controversy; service was proper | (No appearance/defense) | Court exercised subject-matter and personal jurisdiction and treated motion as for default judgment |
| Copyright infringement — ownership & standing to sue for past infringements | Glennon owns registered copyright and asserts photographer assigned both rights and accrued causes of action | (Argued implicitly via timing) assignment occurred after some infringements | Registration within five years creates prima facie ownership; assignment expressly included accrued claims, so Glennon has standing; judgment for infringement |
| Libel / Defamation per se | Rosenblum published false, defamatory statements about Glennon to a public forum causing public ridicule and professional harm | (No defense asserted) | Elements of libel per se met; judgment for Glennon |
| False light / invasion of privacy | Publication of knowingly false portrayal of Glennon as adulterous placed her in highly offensive false light with reckless knowledge | (No defense asserted) | Elements satisfied; judgment for Glennon |
| Outrage (intentional infliction of emotional distress) | Rosenblum acted maliciously, published lurid fabricated story to harm a stranger causing severe emotional distress | (No defense asserted) | Conduct held extreme, outrageous, intentional; judgment for Glennon |
| Tortious interference with business relations | Glennon lost existing and prospective business because Rosenblum urged public not to hire her and published the story widely | (No defense asserted) | Judgment granted as to interference with existing relationships (Glennon identified clients); prospective-market allegation too general to support relief |
| Remedies — injunctive relief and damages | Requests actual, compensatory, punitive damages; declaration and de-indexing of post | (No defense) | Court declared story defamatory, ordered removal/de-indexing, reserved damages to hearing |
Key Cases Cited
- Feist Publ'ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340 (Copyright originality standard)
- Bateman v. Mnemonics, Inc., 79 F.3d 1532 (registration evidence creates prima facie ownership)
- Latimer v. Roaring Toyz, Inc., 601 F.3d 1224 (two-part copyright infringement test applied)
- Prather v. Neva Paperbacks, Inc., 410 F.2d 698 (assignee standing for pre-assignment infringements absent express transfer)
- ABKCO Music, Inc. v. Harrisongs Music, Ltd., 944 F.2d 971 (discussing assignee standing principles)
- Nelson v. Lapeyrouse Grain Corp., 534 So.2d 1085 (elements of defamation under Alabama law)
- Green Tree Acceptance, Inc. v. Standridge, 565 So.2d 38 (standard for outrage/IIED under Alabama law)
- Teitel v. Wal-Mart Stores, Inc., 287 F. Supp. 2d 1268 (tortious-interference may protect uncontracted but definite business relations)
- Anheuser-Busch, Inc. v. Philpot, 317 F.3d 1264 (court's duty to assure legitimate basis for damages award)