Hotmail Corp. filed suit against eight companies alleging that defendants' use of Hotmail's email services to send unsolicited commercial emails violated federal and state laws, including trademark infringement laws and the Computer Fraud and Abuse Act. In addition, Hotmail alleged that defendants breached their contract with Hotmail, which contract was formed when defendants consented to the "clickwrap" terms and conditions posted by Hotmail on its Web site. In issuing the preliminary injunction, the court expressly acknowledged the validity of "clickwrap" consent agreements in forming an enforceable contract. On 6/16/98, the court issued a permanent injunction against LCGM Incorporated, Palmer & Associates, and Financial Research Group barring defendants from using Hotmail's service to send or receive unsolicited commercial email, and from representing that any such email comes from Hotmail's service when it does not.
Article at http://www.wired.com/news/news/politics/story/13016.html
Keywords: Spam, trademark