Junk E-mail Decisions and Litigation
AOL v. Persaud Order
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
AMERICA ONLINE INC.,
MICHAEL ALEXANDER PERSAUD (aka JAMES BUTTERFIELD, HENRY SUMMERS, BRIAN CRAWFORD) dba ADVANCED NETWORK PROMOTIONS,
CASE NO: 98-CY-2284 7W (LAB)
ORDER GRANTING MOTION FOR DEFAULT JUDGMENT; AWARDING RESTITUTION, DAMAGES, AND PREJUDGMENT INTEREST; ENTERING PERMANENT INJUNCTIVE RELIEF; TERMINATING CASE
[Doc. No. 10-1]
After Defendant Michael Alexander Persaud ("Defendant") failed to answer or otherwise respond to the complaint, Plaintiff America Online Incorporated ("AOL") requested and received an entry of default on February 16, 1999. On July 12, 1999 AOL moved for entry of default judgment pursuant to Rule 55 of the Federal Rules of Civil Procedure. The motion was set on the court’s calendar for August 9, 1999. As of August 23, 1999 Defendant has filed no opposition to AOL’s motion.
Having determined that AOL is entitled to entry of judgment under all causes of action identified in its Complaint, and upon consideration of the facts and Law relating to AOL’s request for relief, and the evidence, pleadings, and. Arguments presented in connection with AOL’s motion for default judgment, the court HEREBY ORDERS the following:
A. Plaintiff’s motion for default judgment is GRANTED;
B. Defendant is liable for damages in the total amount of $544,600, consisting of $490,000 in restitution and $54,600 in actual damages;
C. Defendant is liable for prejudgment interest at a rate of 10 percent per annum, on the total damages award accruing from the date of service of the Complaint until the entry of judgment;
D. Defendant, his officers, agents, co-conspirators, servants, affiliates, employees, parent and subsidiary corporations, attorneys and representatives, and all those in privity or acting in concert with Defendant, are permanently enjoined and restrained from directly or indirectly:
1. Using, or directing, aiding, or conspiring with others to use AOL’s computers or computer networks in any manner, directly or indirectly, in connection with the transmission or transfer of any form of electronic information across the Internet;
2. Opening, creating, obtaining access to, and/or using in any way, or directing, aiding, or conspiring with others to open, create, obtain access to, and/or use in any way, any AOL membership or account.
3. Acquiring, compiling or transferring AOL member e-mail addresses or e-mail addresses that contain "aol" in the domain;
4. Sending or transmitting, or directing, aiding, facilitating or conspiring with others to send or transmit, any electronic mail message, or any electronic communication of any kind, to or through AOL or its members;
5. Sending or transmitting to any destination, or directing, aiding, or conspiring with others to send or transmit to any destination, electronic mail or electronic communication bearing any false, fraudulent, anonymous, inactive, deceptive, or invalid return information, or containing the domain "aol.com," or otherwise using any artifice, scheme or method of transmission that would prevent the automatic return of undeliverable electronic mail to its original and true point of origin or that would cause the e-mail return address to be that of anyone other than the actual sender;
6. Using any images, designs, logos, or marks which copy, imitate or simulate any AOL trade or service mark for any purpose, and/or using "aol" in any Internet domain name or any Internet Web site for any purpose, including but not limited to any advertisement, promotion, sale or use of any products or services;
7. Performing any action or using any- images, designs, logos or marks that are likely to cause confusion, to cause mistake, to deceive, or to otherwise mislead the trade or public into believing that AOL and Defendant, or any of them, are in any way connected, or that AOL sponsors Defendant; or that Defendant, or any of them, are in any manner affiliated or associated with or under the supervision and control of AOL, or that Defendant and AOL or AOL’s services are associated in any way; and
8. Using any images, designs, logos, or marks or engaging in any other conduct that creates a likelihood of injury to the business reputation of AOL or a likelihood of misappropriation and/or dilution of AOL’s distinctive marks and the goodwill associated therewith.
IT IS THEREFORE ORDERED AND ADJUDGED that default judgment be entered against Defendant and in favor of Plaintiff in the sum of $544,600. The Clerk of Court shall close the district court case file.
IT IS SO ORDERED.
DATE: August 23, 1999
Judge THOMAS J. WHELAN
United States District Court
Southern District of California
CC: ALL PARTIES
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