No Preliminary Injunctions Against Libel
From a report and recommendation by Magistrate Judge Debra C. Poplin (E.D. Tenn. Oct. 30) in Saidak v. Schmidt, just adopted Friday by Judge Jon P. McCalla.
The Complaint states that Plaintiff [Derek Saidak] formed a business venture in 2012 under the name “Legends Brass,” designing mouthpieces for trumpets and other brass wind instruments. Plaintiff entered into a manufacturing agreement with Pickett Brass to manufacture the mouthpieces that Plaintiff designed.
The Complaint states that Plaintiff later met Defendant [Michael Schmidt], an avid trumpet player, who became interested in Legends Brass’s products. Defendant expressed an interest in a custom mouthpiece, which Plaintiff designed and produced through Pickett Brass. As homage to Defendant, Plaintiff labeled the mouthpiece the “Outlaw.” [Apparently Schmidt had been known as the Outlaw Trumpet Player. -EV]
In addition, as further homage to Defendant, Plaintiff mentioned Defendant on Legends Brass’s website. The Complaint states, however, that Defendant did not design the Outlaw mouthpiece, or any other mouthpieces that were sold by Legends Brass and manufactured by Pickett Brass.
The Complaint states that Defendant became embroiled in a series of social media controversies involving third parties not related to Plaintiff or Legends Brass. As a result, however, Plaintiff dropped all references to Defendant on the Legends Brass website and on all promotional advertising for Legends Brass. The Complaint alleges that Defendant became upset at his omission on the Legends Brass website and its promotional advertising.
The Complaint avers that Defendant began a calculated campaign to defame, slander, and libel Plaintiff and Legends Brass…..
Plaintiff sued for libel, alleging that the defendant had called plaintiff “a crook, a thief and a dishonest Christian,” and seeking (among other remedies) a preliminary injunction—but the court said no:
While recognizing that a “modern rule” has developed carving out “a narrow and limited injunction” as
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