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)
Theresa Ann Sutton
(Baker Botts)
Defendant
Scott A. Bursor
(Bursor & Fisher PA)
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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