NONE: Re: ONLINE-ADS>> Sue for Damages?
Re: ONLINE-ADS>> Sue for Damages?
Cliff Kurtzman (cliff_at_tenagra.com)
Wed, 30 Apr 1997 22:22:37 -0600
"Keith V. A. Bajura" <pridevits_at_earthlink.net> wrote:
>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.
Before I answer your question, I'll do a bit of preaching. Two things here
should have been a warning. First, the people offered to actually give out
the addresses rather than make the mailing to their list on your behalf. I
don't know of anyone with an "opt in" list that does this. Second, they
offered the mailing at a price that is an order of magnitude less than what
the reputable "Opt In" services I know of are charging. Building an opt-in
list is not inexpensive. If the deal looks too good to be true, it
probably is.
>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.
Can you sue? Of course you can. Not only are there trademark issues in
your case, but there are also possibly copyright and fraud issues in your
story. Can you collect? That is a harder question. Even if you win your
case, collecting enough to make it worthwhile will be tough. You need to
try to figure out whether or not this company actually has the resources to
pay any substantive damages even if they were awarded. You also need to
ask your lawyer whether or not you would have a chance of recovering
attorney's fees in this case. I can assure you that the $500 you spent on
the mailing will be peanuts compared to what it would cost you to actually
try the case.
On the other hand, these folks have defrauded you, and they will keep doing
it to others unless you do something to help put a stop to it. It
certainly might be worth talking to a lawyer to see what your options are
and what you can do to prevent others from being taken.
--Cliff Kurtzman
The Tenagra Corporation
http://www.tenagra.com/
281/480-6300
Internet marketing, public relations, consulting and web design
