ONLINE-ADS>> Sue for Damages?

Keith V. A. Bajura (pridevits_at_earthlink.net)
Tue, 29 Apr 1997 22:40:02 -0400

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I haven't posted anything for a while, because I have been involved in a
dilemma. So I will put the question to all of you. Should (or can) I sue?

Here's the scenario.

I paid $500 for 50,000 names (good and responsive names I was assured) to
be emailed by a company who shall remain nameless. I will tell though if
you want. Needless to say these names were not what I was told. In return
my company received almost 100 calls from people yelling and screaming
about the email they received. And hundreds more of emails saying the same.

I sent email to the company telling them what was going on. "You told me
these were names of people that joined your list. Why am I getting this
type of response?" I heard no reply. In fact, several emails I sent after
this bounced back.

What did they do? They sent out another 100,000 of the email WITHOUT my
permission.

The Question==>
Can I sue for damages from the business I lost and for the damage this 2nd
mailing caused to Pride Vitamins, my business? Also, Pride Vitamins is a
registered trademark. Is what they did trademark infringement? They did not
have any permission to use Pride Vitamins in their second damaging email
blast.

Any comments would be most appreciated. I would like to hear what people
have to say before I go to our lawyers and have them do something.

Thanks.

Keith
----------------------------------------------------------------------------
-----
|Keith V. A. Bajura
|President
|PRIDE VITAMINS
|520 Bower Hill Rd., 2nd Fl.
|Pittsburgh, PA 15228
|U.S.A.
|Toll Free 1-888-774-3381 Toll Free Fax: 1-800-376-8742

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