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CompuServe v Cyber Promotions - CASE CompuServe Inc v Cyber...

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CASE: CompuServe, Inc. v. Cyber Promotions, Inc. Court: U.S.D.C. for the Southern District of Ohio 962 F. Supp. 1015 (S.D. Ohio 1997) P118 (torts) GRAHAM Facts a. Plaintiff/CompuServe Defendant/Cyber Promotions b. 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/A b. Damages awarded: N/A c. 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
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