Jasbir Rai

Image Credit: www.bobbydazzler.guru

A BC woman, who calls herself a "spiritual influencer", has launched a $75-million lawsuit against Facebook.

Along with her many claims against the social media giant, Jasbir Rai said the company breached copyright law because her email address contains a trademarked name and by emailing her Facebook broke copyright law.

Rai also claimed Facebook harassed and cyber-bullied her via an overload of emails, and failed to take down fake accounts pretending to be her.

In her perplexing court filing, she also claimed Facebook defamed her and breached her privacy.

According to an Aug. 2 BC Supreme Court decision, Facebook applied to have the case thrown out saying the allegations were vexatious and not based in law.

BC Supreme Court Justice Carla Forth agreed with Facebook on many points describing Rai's claims as "vague" and "confusing" and said it was difficult to understand what she wanted.

However, the Justice did give Rai another chance to file a claim against Facebook on certain allegations she made.

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The decision said Rai is a self-employed "spiritual influencer" who runs multiple spiritual websites online.

In 2008, she registered a trademark for the name Bobby Dazzler and sold self-help books and provided self-help services under that name. One book is titled, Bobby Dazzler ‘got what’s hot!’ and still hot!.

Rai said more than 80 Facebook users used the name "Bobby Dazzler" which she believed is her trademark.

But when she reported this to Facebook it began to "harass, annoy, agitate and overload (her) email by acting in a belligerent manner,” she claimed.

Facebook argued Rai's claims are "confusing and nonsensical" and she’d provided no evidence to support them.

Justice Forth agreed.

"The use of the name in emails sent to her or the use of the name by other individuals of Facebook is clearly not a copyright infringement," the Justice said.

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Rai claimed that Facebook defamed her causing her brand to "tarnish."

The Justice doesn't see it that way.

"The suggestion that using the name Bobby Dazzler as part of an email address would consist of defamation has no basis in law," the Justice said.

Because Rai represented herself, the Justice gave her a break and tried to understand what her legal arguments were for the various things she alleged.

Realizing she hadn't filed her claim correctly, Rai asked the court to allow her to do it again.

While the Justice could have allowed Rai another kick at the can, she said it was "obvious" the claims should fail and are incapable of being corrected.

"The flaws are not mere technicalities, but are substantive in nature and reflect a misapprehension of the law in these areas," the Justice said.

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However, on one point Justice Forth allowed Rai another chance against Facebook.

"Ms. Rai’s claims that she has been receiving emails from the defendants, which suggest that a Facebook profile has been set up using her email address, despite her claim that she has never given permission for her contact information to be used for this purpose, is concerning and raises issues related to her privacy and personal information," the Justice said. "Furthermore, she asserts that she contacted the defendants on numerous occasions to have this matter resolved, with no response."

The Justice gave Rai until the end of August to refile the litigation and advised her to get legal advice on how to do it properly.

The justice’s move meant the "spiritual influencer" could continue her case against Facebook but she was still left on the hook to pay Facebook's legal fees.

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