Tilting At Windmills – Has Nextera Just SLAPPed a Canadian Erin Brockovich?
Howard Knopf, Excess Copyright
A young mother and environmental activist in southern Ontario is being sued by Nextera, a wind turbine company, which is part of an an American based enterprise that has sales of about $15 billion a year. It apparently cut down a tree with a bald eagle nest, an act which she did not like and which she filmed. Here’s her video.
Here’s Nextera’s Statement of Claim, which required the efforts of three McCarthy’s lawyers to come up with a very long and fulsome list of allegations involving “Offending Material” under the the Trade-marks, Copyright, and Competition Acts and various common law torts including “common-law trade libel”, and one I’ve never heard of, namely “appropriating an insignia in which the Plaintiff has a proprietary interest.” .
As Ezra suggests, this could be another Erin Brockovich story. Moreover, Nextera is likely going to learn the lessons of the Streisand effect, which is that trying to suppress a discussion on the internet usually just draws more attention to it.