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    Default Judgment, Feb. 27, 2015, Lee v. Makhenevich, 1:11-cv-08665, SDNY

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    MAWLAW Marie-Andree Weiss
    The document is a court judgment declaring that a patient's online commentary criticizing dental services was fair use and not subject to copyright claims, finding agreements to suppress criticism unenforceable, and awarding damages for breach of contract.

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    © All Rights Reserved
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    Default Judgment, Feb. 27, 2015, Lee v. Makhenevich, 1:11-cv-08665, SDNY

    Uploaded by

    MAWLAW Marie-Andree Weiss
    190 views2 pages
    The document is a court judgment declaring that a patient's online commentary criticizing dental services was fair use and not subject to copyright claims, finding agreements to suppress criticism unenforceable, and awarding damages for breach of contract.

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    Default Judgment, Feb. 27, 2015, Lee v. Makhenevich, 1:11-cv-08665, SDNY

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    Default Judgment, Feb. 27, 2015, Lee v. Makhenevich, 1:11-cv-08665, SDNY

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    The document is a court judgment declaring that a patient's online commentary criticizing dental services was fair use and not subject to copyright claims, finding agreements to suppress criticism unenforceable, and awarding damages for breach of contract.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    190 views2 pages

    Default Judgment, Feb. 27, 2015, Lee v. Makhenevich, 1:11-cv-08665, SDNY

    Uploaded by

    MAWLAW Marie-Andree Weiss
    The document is a court judgment declaring that a patient's online commentary criticizing dental services was fair use and not subject to copyright claims, finding agreements to suppress criticism unenforceable, and awarding damages for breach of contract.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 2

    Case 1:11-cv-08665-PAC Document 57 Filed 02/27/15 Page 1 of 2

    Paul Alan Levy


    Public Citizen Litigation Group
    1600 20th Street NW
    Washington, D.C. 20009
    (202) 588-7725 Telephone
    (202) 588-7795 Facsimile
    [email protected]
    Bruce P. Keller
    Jeffrey P. Cunard
    DEBEVOISE & PLIMPTON LLP
    919 Third A venue
    New York, New York 10022
    (212) 909-6000 Telephone
    (212) 909-6836 Facsimile
    bpkeller@ debevoise.com
    [email protected]
    Attorneys for Plaintiffs
    UNITED STATES DISTRICT COURT
    SOUTHERN DISTRICT OF NEW YORK

    ------------------------------------------------------------

    ){

    ROBERT ALLEN LEE, individually


    and on behalf of all others similarly situated,
    Plaintiffs,
    v.

    Civil Action No. 1: 11-cv-08665-PAC

    STACY MAKHNEVICH et al.,


    Defendants.
    ------------------------------------------------------------

    DEFAULT

    [PROP08EB FOR!\1 OF] JUDGMENT

    /?.1-<.

    The Court declares as follows:


    A. Notwithstanding the claim of defendants Stacy Makhnevich, Aster Dental, Chrysler
    Building Dental Association, North East PC, South East Dental Suite, Lincoln Square Dental Arts,
    Lincoln Square Dental Arts of Manhattan, and Chrysler Dental (collectively, "defendants") to

    Case 1:11-cv-08665-PAC Document 57 Filed 02/27/15 Page 2 of 2

    ownership of the copyright in writings by plaintiffRobert Allen Lee about them, Robert Allen Lee's
    posting of public comments about defendants' services ("Lee 's Commentary") is a non-infringing
    fair use pursuant to Section 107 of the Copyright Act;
    B. Obtaining the promise by plaintiffRobertAllen Lee in the Mutual Agreement to Maintain
    Privacy (the "Agreement') not to publish criticism of defendants, the Agreement's purported
    assignment of copyrights, and the assertion of copyright claims by defendants for the express purpose
    of preventing the dissemination of Lee's Commentary, constitute breaches of fiduciary duty and
    violations of dental ethics and are subject to the equitable defenses of unclean hands, and, as to such
    assignment and assertion, constitute copyright misuse;
    C. Robert Allen Lee's assignment and promise in the Agreement not to publish criticisms
    of defendants are null and void for lack of consideration;
    D. Robert Allen Lee's assignment and promise in the Agreement not to publish criticisms
    of defendants are null and void for unconscionability;
    E. The Agreement is a deceptive act or practice in violation of Section 349(a) of the New
    York General Business Law; and
    F. Lee' s Commentary is not actionable defamation under New York common law.
    PlaintiffLee is awarded $4,766 in damages against defendants, jointly and severally, for their
    breach of contract, together with his costs of suit.

    New York, NY

    February 11, 2015


    United States District Judge

    -2-

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