Hunter Moore, widely recognized as the progenitor of ‘revenge porn’, has been held liable by a Federal Court for trademark infringement, fraud, defamation, and other claims in Passante v. Moore. Brandi Passante, star of “Storage Wars”, sued Moore after he posted a video purporting (falsely, as the court ruled) to show her performing sex acts. Moore failed to respond to the case, except to send Passante’s attorney a picture of his penis (NSFL) – and then quietly removed the offending content from his site.
Dick pics are not among the responsive pleadings permitted by Federal Rules of Civil Procedure Rule 12.
In the court’s ruling (PDF), the judge issued a permanent injunction prohibiting Moore from re-posting the content and awarded Passante $750 in damages, plus attorney fees. The court reasoned that only minimal statutory damages were available, absent a showing by Passante of her actual damages. That doesn’t mean that Moore will only have to muster up $750 and be done with the matter: the court invited Passante to submit a new declaration establishing her actual damages. Given that Passante was asking for $1.25 million in damages, Moore may still be on the hook for much more.
This is Moore’s second legal defeat. The self-proclaimed ‘millionaire’ also failed to respond to a lawsuit by Bullyville’s James McGibney, to whom Moore now owes $250,000 for defamation.
But at least he has his cat.