America Online, Inc. v. IMS, 24 F. Supp. 2d 548 (E.D. Va. 1998) was one of a series of legal battles America Online (hereafter "AOL") launched against junk e-mail (aka "spam" or "Email spam"). In this case, the court held that defendants' unauthorized mailing of unsolicited bulk e-mail constituted a trespass to chattels under Virginia state law.

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dbo:abstract
  • America Online, Inc. v. IMS, 24 F. Supp. 2d 548 (E.D. Va. 1998) was one of a series of legal battles America Online (hereafter "AOL") launched against junk e-mail (aka "spam" or "Email spam"). In this case, the court held that defendants' unauthorized mailing of unsolicited bulk e-mail constituted a trespass to chattels under Virginia state law. Besides, many of defendant's junk e-mail contained the letters "aol.com" in their headers, thereby creating a false designation. AOL subscribers were deceived into believing that AOL sponsored or approved of defendant’s bulk e-mailing activities. This caused damage to AOL. Therefore, the court ruled that defendants were in violation of the Lanham Act for false designation of origin. The court also found that the defendant diluted AOL's trademark and service mark in violation of Lanham Act. The court recognized that AOL owned the famous "AOL" mark and defendants' conducts had tarnished AOL's mark because AOL members made negative associations between AOL and defendants' junk e-mail practices. (en)
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  • 642278471 (xsd:integer)
dbp:case
  • CompuServe Inc. v. Cyber Promotions, Inc.
  • America Online v. IMS
dbp:citations
  • 172800.0
dbp:court
dbp:dateDecided
  • 1998-10-29 (xsd:date)
dbp:defendant
  • IMS et al.
dbp:fullName
  • America Online, Inc. v. IMS, et al.
dbp:holding
  • The undisputed facts indicated that defendant committed a trespass to chattels against AOL's computer network, falsely designated the origin of his products and diluted AOL's trademark and service mark in violation of the Lanham Act. Therefore, summary judgment was granted.
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  • America Online v. IMS
dbp:otherSource
  • Google Scholar
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dbp:prosecutor
  • America Online, Inc.
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rdfs:comment
  • America Online, Inc. v. IMS, 24 F. Supp. 2d 548 (E.D. Va. 1998) was one of a series of legal battles America Online (hereafter "AOL") launched against junk e-mail (aka "spam" or "Email spam"). In this case, the court held that defendants' unauthorized mailing of unsolicited bulk e-mail constituted a trespass to chattels under Virginia state law. (en)
rdfs:label
  • America Online, Inc. v. IMS (en)
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