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Wood v. Kapustin

United States District Court, D. Minnesota

January 17, 2014

Nadezhda V. Wood, Plaintiff,
v.
Sergey Kapustin, Irina Kapustina, Mikhail Goloverya, Global Auto, Inc., G Auto Sales, Inc., Effect Auto Sales, Inc., Defendants

Nadezhda V. Wood, Esq., Laurel Avenue, St. Paul, MN.

Nicholas M. Wenner, Esq., Boris Parker, Esq. and Parker & Wenner, Minneapolis, MN, counsel for defendants.

OPINION

Page 943

ORDER

David S. Doty, United States District Judge.

This matter is before the court upon the motion to dismiss by defendants.[1] Based on a review of the file, record and proceedings herein, and for the following reasons, the court grants the motion.

BACKGROUND

This dispute arises out of pro se plaintiff Nadezhda V. Wood's representation of nonparties Igor Glazunov and Irina Glazunova (collectively, nonparty plaintiffs) in an unrelated matter. Wood is an attorney practicing in St. Paul, Minnesota. Ver. Compl. ¶ 14. Wood represents the nonparty plaintiffs in an action currently pending in the Eastern District of New York. Id. ¶ 18.

In January 2013, the nonparty plaintiffs, who are Russian citizens, wired money to defendant G Auto Sales, Inc. (G Auto) as payment for an automobile. Id. ¶ 17. The nonparty plaintiffs never received the vehicle and Wood sent demand letters to G Auto and defendant Mikhail Goloverya, as President of G Auto. Id. ¶ ¶ 17-18. Defendant Sergey Kapustin responded, claiming to be negotiating on behalf of Goloverya. Id. ¶ 19. To date, Wood and the nonparty plaintiffs have been unsuccessful in obtaining the vehicle or a refund. Id. ¶ 23.

Thereafter, Glazunov posted on an online forum about his transaction with G Auto. Id. ¶ 24. Several forum users shared similar experiences with G Auto, defendant Global Auto, Inc. (Global Auto) and defendant Effect Auto Sales, Inc. (Effect Auto). Id. After being alerted to the additional complaints, Wood registered a website, KapustinCars.com, to collect information from additional individuals claiming to be victimized by defendants. Id. ¶ 31. KapustinCars.com includes a header and logo [2] depicting Wood's name and likeness. Id. ¶ 32. Wood uses the

Page 944

same header and logo on her law firm website, NadiaWood.com.[3]

Wood posted a link to KapustinCars.com on the online forum. Id. ¶ 38. In response, Kapustin issued a takedown notice for KapustinCars.com, pursuant to the Digital Millennium Copyright Act (DMCA). Id. ¶ 40. The website host reviewed the takedown notice, found no violation of the DMCA and declined to take further action. Id.

Thereafter, Global Auto registered the domain names NadiaWoodBlackmailer.com and NadiaWoodLaw.com. Id. ¶ 41. Each website redirects to NadiaWood.net, an anonymously-registered domain. Id. At the time Wood filed suit, NadiaWood.net displayed Nadia Wood's logo and Minnesota business address and included the header " InvestigateNadiaWood@gmail.com." Id. ¶ 43. The page read: " Nadia Wood Blackmail, Chantage,[4] Racket[.] Did you paid [sic] money to NadiaWood.com, or ...


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