Felsher v. University Of Evansville

755 N.E.2d 589 (Ind. 2001)

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Nature of the Case

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Facts

D created Internet websites and electronic mail accounts containing portions of the names of officers of the University of Evansville. D then featured articles that he had written on the websites he created. The articles alleged wrongdoings by the University employees. One article alleged that the President had violated the University Faculty Manual. In another article, D stated that one UE professor had publicly declared himself unqualified to teach one of his courses. Using the e-mail accounts, he created that would give someone a false impression that it was being sent from UE, D sent mail to several universities nominating each of the University officials, in turn, for various academic positions. Ps sued for invasion of privacy, and D then removed the e-mail addresses and the websites. D later created another twelve websites containing roughly the same information as had appeared on the previously removed sites. P got a preliminary injunction prohibiting D from engaging in certain Internet activities. The trial court granted summary judgment in favor of Ps, concluding that they have 'a protectable privacy interest in their rights to the exclusive use of their identities. The court's order permanently enjoined D from (1) 'appropriating the names and likenesses' of the University, Vinson, Greiner, Colter, 'or the name of any other person or individual associated with the University [] for any purpose'; (2) 'USING THE E-MAIL ADDRESSES' he created 'or any other e-mail address that incorporates the [plaintiffs'] names . . . [including] 'UE' . . . or the name of any other person or individual associated with the University'; (3) 'maintaining any website' with a URL or address containing any of the plaintiffs' names, including UE, 'or the names of any person or individual associated with the University . . .'; and (4) 'nominating [] Vinson, [] Greiner, [] Colter or any person or individual associated with the University for positions with any other schools, colleges, or universities.' The Court of Appeals affirmed. D appealed.