Compuserve Vs Cyber Promotions Decision Upheld And A Famous Mark Is Tarnished When Associated With The Sending Of Unsolicited Spam Email

In AOL v. IMS, the court awarded AOL summary judgment and determined that the sending of over 60 million pieces of unauthorized junk e-mail to AOL subscribers after receiving cease and desist letters an actionable trespass to AOL's computer network. In reaching this conclusion, the court relied on Compuserve Inc. v. Cyber Promotions, 962 F. Supp. 1015 (S.D. Ohio 1997). This case involved a dilution of AOL’s trademark and its use to falsely designate the e-mails' origin in violation of the Lanham Act in the context of SPAM.

The following questions have been addressed in this article:

What is SPAM?
What is tarnishment of a trademark?
What are the facts involved and the parties?
What did the court determine?
What is the significance of this case?


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