Fourth Circuit issues important CAN-SPAM decision
November 22, 2006 | by Evan Brown | Share on Facebook
In the recent case of Omega World Travel, Inc. v. Mummagraphics, Inc., No. 05-2080, the U.S. Court of Appeals for the Fourth Circuit has ruled in favor of accused spammers, in a decision which, as Professor Goldman states, is likely to “take some wind out of the sails of anti-spam plaintiffs.”
Venkat Balasubramani has a very thorough analysis of the opinion. In a nutshell, the opinion held that Oklahoma’s anti-spam statute was preempted by CAN-SPAM, that certain errors in message headers were “immaterial” and thus not actionable as misleading spam, and that allegations of nominal damages could not support a claim of trespass to chattel.
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The Author
Evan Brown
I'm Evan Brown, an Intellectual Property and Technology Attorney in Chicago, Illinois. Read these terms, then send me email at ebrown [at] internetcases dot com, follow me on Twitter, or call me at (630) 362-7237.