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Intellectual Property
Copyright Infringement
CAN-SPAM Act

Facebook Inc. v. Power Ventures Inc.

Published: Mar. 17, 2012 | Result Date: Feb. 17, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 5:2008-cv-05780 Summary Judgment –  Plaintiff

Court

USDC Northern


Attorneys

Plaintiff

Monte M.F. Cooper
(Goodwin Procter LLP)

I. Neel Chatterjee
(Goodwin Procter LLP)

Morvarid Metanat

Theresa Ann Sutton
(Baker Botts)


Defendant

Scott A. Bursor
(Bursor & Fisher PA)

Lawrence T. Fisher

Sarah N. Westcot
(Bursor & Fisher PA)


Facts

In December 2008, power.com, a website owned by Power Ventures Inc., launched a promotion promising to give individuals an opportunity to win $100 if they were able to get other people to sign on to power.com. The website provided users with a list of friends they had on Facebook, which it had acquired from Facebook, and requested that they choose friends from this list to send advertisements to. Facebook Inc. filed suit against Power Ventures, alleging copyright and trademark infringement.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff argued that defendant gained access to Facebook without authorization and sent unlawful spam messages. Also, plaintiff claimed the defendant deliberately evaded security measures that plaintiff instituted to stop access.

Result

The court granted plaintiff's motion for summary judgment, ruling that defendant went around technical barriers to access plaintiff's website, got into the site absent permission, and sent illegal commercial messages.


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