Nicholas Services, LLC v. Glassdoor, Inc.

BACKGROUND

Glassdoor is an internet website where third parties can post reviews of their employers. [13]. Nicholas Air and Corr Flight (together, “Nico”) are a closely related pair of companies in the private jet transportation industry. Id. Nicholas Air acts as the brand, and Corr Flight employs “all employees who perform duties for the Nicholas Air brand.” Id. John and Jane Does 1-30 (Doe Defendants) are unknown individuals who have posted content on Glassdoor regarding Nicholas Air. Id. When Nicholas Air discovered its review page on Glassdoor, it was not happy. It learned one or more anonymous individuals had posted defamatory reviews about it in violation of their employment contract which indefinitely prohibits “disclosure of any and all information related to or in any way connected to [Nico].” Id. Wishing to correct these reviews, but unable to do so without claiming a Glassdoor employer account, Nicholas Air was forced to agree to Glassdoor’s terms of use contract without the opportunity to negotiate. Id. Nicholas Air then contacted Glassdoor numerous times to have the reviews removed, before sending a detailed demand letter. Id. Glassdoor, upon receipt of the demand…