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[FYI] U.S.: Spamming-Tarife steigen.


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Big Fine for Spamming AOL Members  

                  By Bruce Balestier 
                  New York Law Journal 
                  December 14, 1999 

A Queens-based group that markets apricot seeds as a cancer cure over 
the Internet has been hit with more than $600,000 in damages for 
clogging the computer systems of America Online Inc. with the 
transmission of millions of the unsolicited e-mail messages known as 

Southern District Magistrate Judge Henry Pitman, in a recommendation 
stemming from a default judgment entered against the group, the 
Christian Brothers, and its president, Jason Vale, ruled that AOL was 
entitled to recover for unjust enrichment, since Christian Brothers 
unlawfully used the AOL mark and misappropriated services that 
otherwise could have been sold to advertisers.  

He also issued a permanent injunction in America Online v. The 
Christian Brothers, 98 Civ. 8959, barring the group from using AOL's 
network and trademark.  

"The Defendants' transmission of unsolicited bulk e-mail to AOL has 
damaged, and, if unabated, will continue to damage, AOL's business, 
its goodwill, and its relationship with its members," Magistrate 
Judge Pitman wrote. "AOL's valuable trademark and service mark and 
associated goodwill are diluted and damaged by their wrongful 
association with junk e-mail and junk  e-mailers like The 


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