Wikimedia blog

News from the Wikimedia Foundation and about the Wikimedia movement

State court overrules Internet Brands’ demurrer

On December 7, 2012, Internet Brands filed a reply brief in support of its demurrer (“motion to dismiss”) to the Wikimedia Foundation’s state court complaint. A copy of the reply brief can be found here. On December 11, 2012, the Wikimedia Foundation objected to Internet Brands’s reply brief on the grounds that it was improperly filed. Among other things, the Wikimedia Foundation alleged that Internet Brands filed its brief 28 days after the deadline to do so, and 21 days after the Court had already issued a tentative ruling in the Wikimedia Foundation’s favor. Accordingly, the Wikimedia Foundation asked the Court to disregard Internet Brands’s reply brief and strike it from the record. A copy of the Wikimedia Foundation’s objection can be found here.

On December 14, 2012, the Court overruled Internet Brands’ demurrer (“motion to dismiss”), finding that the Wikimedia Foundation’s complaint was “properly pled.” A copy of the Court’s December 14, 2012 order can be found here. As a result of the Court’s ruling, Internet Brands must now answer the Wikimedia Foundation’s complaint. Internet Brands must file its answer to the complaint within ten (10) days of its receipt of notice of the Court’s ruling.

Geoff Brigham, General Counsel

Leave a Reply