CASE: CompuServe, Inc. v. Cyber Promotions, Inc.Court: U.S.D.C. for the Southern District of Ohio962 F. Supp. 1015 (S.D. Ohio 1997)P118 (torts)GRAHAMFactsa. Plaintiff/CompuServeDefendant/Cyber Promotionsb. Cyber Promotions was send unsolicited e-mail ads to CompuServe’s customers.c. (1) C/A: trespass to chattel (2) relief requested: (3) defenses raised: trespassor must take actual physical possession of chattel or physically damage it.Procedural History:a. Lower court’s ruling(s): N/Ab. Damages awarded: N/Ac. Appellant:Issues:a. substantive issue(i) Is unsolicited e-mail a trespass to chattel?(ii) Court said that the defense raised was but one circumstance of trespass.b. procedural issue: Disposition (judgment): Ruled in favor of CompuServe. The court extended the original temporary restraining order until a final judgment was entered. The court further granted the internet service provider's request for a preliminary injunction enjoining the advertising company from sending unsolicited electronic mail to the provider's
This is the end of the preview.
access the rest of the document.