458Register - Register.com, Inc. v. Verio, Inc. The Facts:...

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Register.com, Inc. v. Verio, Inc. The Facts: Register.com issues domain names to persons and entities preparing to establish web sites on the Internet. In order to do so, Register must sign an agreement called the ICANN Agreement that, among other things, says they will take the contact information of the registrants, referred to as “WHOIS information,” and preserve it, update it daily, and provide for free public access to it. Register also sells services relating to web site development to entities that maintain web sites. Verio competes with Register’s web site development business and in its pursuit of customers used a robot, or automated software program, to obtain updates of the WHOIS information that they then used to send out marketing solicitations by email, telemarketing, and direct mail, which violated the terms of what the WHOIS information could be used for. Register demanded that Verio cease soliciting, but Verio only stopped email solicitation, not solicitation by direct mail and telephone. Register brought this suit on August 3, 2000, and moved for a temporary restraining order and a preliminary injunction and on
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458Register - Register.com, Inc. v. Verio, Inc. The Facts:...

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