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Designer Skin LLC v. S & L Vitamins, Inc., et al.
Unauthorized internet reseller of plaintiff’s products is not guilty of trademark infringement, and does not cause actionable initial interest confusion, by using plaintiff’s trademarks in meta tags of website at which plaintiff’s and its competitors’ products are sold, and in...

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Tracy LaQuey Parker, et al v. C.N. Enterprises and Craig Nowak., et al

No. 97-06273 (Texas District Court Travis County, Nov. 10, 1997)

The individual plaintiffs operated a website at "flowers.com." Plaintiff Zilker Internet Park served as plaintiffs' ISP. Defendants sent out millions of pieces of junk e-mail, each of which falsely indicated it was sent from plaintiffs' flowers.com website. Thousands of these e-mails were sent to invalid addresses, which resulted in a flood of "undelivered" e-mail being returned to plaintiffs. This had the effect of 'crashing' the ISP's mail capabilities, and disrupting the plaintiffs' business operations.

The court found that such conduct was intentional and constituted common law trespass (on plaintiffs' computer equipment) and nuisance. The court accordingly issued a permanent injunction, prohibiting defendants from engaging in such conduct in the future. The court also awarded plaintiffs the actual damages they had sustained as a result of defendants' disruption of their business operations, including the attorney's fees expended in obtaining injunctive relief.

The full text of the decision discussed above can be found on a website maintained by David Loundy.

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