Spamming Travel Firm Sues Anti-Spammer
from the more-of-the-same dept
Here’s yet another case of a company accused of spamming getting pretty upset when they’re called on it. Someone asked a travel company, named cruise.com, to stop sending him spam. They continued to send him spam. He threatened to sue them under Oklahoma spam laws, and featured them on his website. They turned around and sued him for $4 million for defamation and trademark infringement. They might have trouble on both those claims. First, the guy seems to have the spams pretty well documented, including his repeated attempts to opt-out. It’s tough to win a defamation claim when the facts alleged are true. Second, the trademark infringement concerns the use of their logo on his website about them — but, as has been explained numerous times, trademark law is only to protect against confusion, not to give full rights to the trademark. It’s quite unlikely that anyone going to this guy’s website about how the company was spamming him would confuse the site as one officially sanctioned by the spamming company.