Bev Stayart Loses Yet Another Battle Against Levitra, Cialis And Search Engine Results
from the knocking-the-wall-down,-one-head-on-collision-at-a-time dept
Bev Stayart, tireless bringer of lawsuits against various search engines for their supposed besmirchment of her good name by placing it next to words like "Levitra," "Cialis," and various porn-related ads, has batted a solid .000 thus far in her legal career.
In 2009, she sued Yahoo! for violating the trademark on her name (no. really.) with its search results, which often produced listings for porn sites and malware. (She, or her legal counsel/husband, also found time to threaten Techdirt with a lawsuit if it didn't remove certain comments on the original post. Techdirt didn't and the lawsuit failed to materialize.) This suit was dismissed later that year, with the court denying her request to refile.
So, Stayart tried a different tack, suing Yahoo! for violating her "privacy rights." This suit was also tossed. In between filing suits against Yahoo! and having them tossed, Stayart filed another "pissed-off-at-search-engines" suit against Google, this time because her name seemed inextricably linked with Levitra in Google's suggestion box. This suit was dismissed as well, as she again failed to prove that her name was a marketable term eligible for trademark protection. All the while, the obvious solution has continued to elude her --- stop suing and mentioning porn, malware and Levitra in your lawsuits and your name might stop being connected with those terms by search engine algorithms.
The latest court decision keeps her hitless string intact, again finding in favor of Google. Stayart's latest angle was to claim Google "misappropriated" her name because (mostly thanks to her legal efforts), "bev stayart levitra" remains a top search suggestion.
On Wednesday, however, the 7th Circuit Court of Appeals tossed her yet another loss in her lawsuit against Google, upholding a decision made by a district court in 2011. In the appellate case, Stayart argued that her rights under Wisconsin's right to privacy laws had been violated under §995.50(2)(b).Many have tried but very few have proven (even in friendlier courts) that search engine algorithms just "have it in" for some people, linking them with ED drugs, porn, malware, Russian gang activity, etc. These many "victims" all share the same self-destructive tendency to file and refile lawsuits, with each filing further cementing the link between their names and the terms they'd rather not have connected with them.
"The use, for advertising purposes or for purposes of trade, of the name, portrait or picture of any living person, without having first obtained the written consent of the person or, if the person is a minor, of his or her parent or guardian" constitutes an invasion of privacy, the law states.
But the Court disagreed.
"Stayart has not articulated a set of facts that can plausibly lead to relief under Wisconsin's misappropriation laws," the court wrote (PDF).
In fact, the court cited her own previous case against Yahoo!, in which that court found that there had to be a "substantial rather than an incidental connection between the use and the defendant's commercial purpose."
But this lesson remains lost on Stayart. It looks like she's ready to step up to the plate again, in hopes of finally getting on base.
Stayart called Ars back, and said that she vehemently disagrees with the decision, and is considering appealing the case to the United States Supreme Court, as well as other suits. However, she noted that her counsel (also, her husband) will make those decisions.She adds that she feels the decision was "economically-based" and favored the "one percent." I'm really not sure exactly WHY she feels this way, but I'm sure the future will be full of opportunities for her to explain herself. And when the legal paper starts flying again, Stayart will find herself relentlessly pursued across various search engines by her old nemeses, Levitra and Cialis.
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Filed Under: associated, bev stayart, lawsuits, privacy rights, search engines
Companies: google, yahoo
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Here we go again
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Re: Here we go again
Sure, Miss Stayart seems a little mentally deficient, and God knows you could easily describe her as ‘misinformed’, not to mention ‘lawsuit-happy’ and ‘ignorant of her own plight’. All those terms seem to apply to Miss Stayart.
But ‘skank’? Come on, you don’t anything about her beyond her proclivity for filing frivolous lawsuits that do more to keep her name exactly where she doesn’t want it than to separate her name from those evil, evil search terms.
Taking frivolous legal action against a company over a situation that has now largely become a problem of her own making doesn’t make a woman a skank.
It just makes said woman a dumbass.
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Bev, I'll Save You!
Bev Stayart, Supreme Commander of Phlegm
Bev Stayart, Resident Tree Whisperer
Bev Stayart, Abstract Art Abuser
Bev Stayart, Destroyer of Worlds
Bev Stayart, Dyslexic Sycophant
Bev Stayart, Prejudiced Against People With Brown Eyes
Bev Stayart, Allergic to Hair
Bev Stayart, Functionally Illiterate
Bev Stayart, Hates Boxes
You're welcome, my bill is in the mail.
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Bev Stayart, Goat Dismemberment Expert
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Re: Bev Stayart, Goat Dismemberment Expert
You just made me think naughty thoughts about what she might do with all those Goat Heads !
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Re: Bev, I'll Save You!
Bev Stayart, one percent
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It's worse than that. You are about to be unemployed from your job...
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It's amazing
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Perspective, comma, different
When Google hands one lemons, one should endeavor to improve the quality of the lemonade, no? Maybe she should fire her putative "legal counsel" and hire a business adviser in his stead.
(Has this suggestion been made before? If so, apologies. If not, why?)
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Re: Perspective, comma, different
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Bev Stayart uses Levitra?
I wonder what Bev Stayart's opinion of Cialis is? Does Bev Stayart think Levitra and Cialias are in common use in the porn industry? Does Bev Stayart work in the porn industry? Is that how Bev Stayart knows about Levitra, Cialis, and all those porn stars?
_I_ only know these things thanks to Bev Stayart's endless lawsuits concerning Levitra and Cialias. Oh, and I like porn.
Wonder if Bev Stayart does?
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Re: Bev Stayart uses Levitra?
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Re: Re: Bev Stayart uses Levitra?
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Re: Re: Bev Stayart uses Levitra?
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2. She's attempted various rookie Online Reputation efforts - hopefully without actually paying someone for those efforts. Alternately, someone looking to annoy her did that work just for kicks. I doubt that's the case because bevstayart.com bevstayart.org and bevstayart.net all register to the same IP block.
3. her own sites as well as her VisualCV profile contain content referring to her suing AdultFriendFinder for misappropriation of her name. Heck- that little tidbit is even in the meta Description that shows up in Google results for her name.
Why would it show up in Google? Because the VisualVC site has no meta Description. So Google grabbed the OPENING SENTENCE from the profile SHE (or someone who said "trust us") set up. Because I guess, that was, at some point, one of the things she was showing up for specifically. And now she's in "counter-warfare" mode.
Which is, of course, like filing more such lawsuits, just throwing fuel on the overall fire.
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Otherwise think of the fun the trolls could have by editing a post to try and make responders look stupid.
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Around here many people don't use the reply link, so better to only allow edits to add text. Then again, people have been asking for edit capability for years, so I wouldn't hold your breath. :-)
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This legal professional seems to be under the false impression, that the (perceived) problem of being associated with unpleasant things by search engines must have a legal solution.
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Stayart Law Offices
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Re: Stayart Law Offices
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Bev Stayart smelly cunt
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I'll provide some contribution to this by quoting the impossibly funny Ac above:
Bev Stayart, Goat Dismemberment Expert
Bev Stayart, Supreme Commander of Phlegm
Bev Stayart, Resident Tree Whisperer
Bev Stayart, Abstract Art Abuser
Bev Stayart, Destroyer of Worlds
Bev Stayart, Dyslexic Sycophant
Bev Stayart, Prejudiced Against People With Brown Eyes
Bev Stayart, Allergic to Hair
Bev Stayart, Functionally Illiterate
Bev Stayart, Hates Boxes
And adding the terms Levitra, Cialis, Google and Yahoo just for the heck of it. =D
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Bev Stayart needs Levitra
http://lmgtfy.com/?q=bev+stayart+levitra
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Ahh, Bev
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beverly stayart yahoo
beverly stayart google
They are clearly using her name to promote themselves!
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