EmailAppenders has failed to show up in court to defend itself against a lawsuit filed by Internet Retailer, according to the publishing firm’s chief executive.
Internet Retailer sued EmailAppenders in December, alleging the data service provider wrongly claimed to have Internet Retailer’s 2008 conference attendee list for sale.
“No one from EmailAppenders showed up in court or filed any response to our suit,” wrote Jack Love, president of Internet Retailer’s parent company Vertical Web Media, in an e-mail to this newsletter.
In a complaint filed in U.S. District Court for the Northern District of Illinois Eastern Division, Internet Retailer alleges EmailAppenders infringed on its trademark and engaged in deceptive business practices when in early summer and again in the fall, e-mails began arriving in some corporate inboxes from EmailAppenders claiming to offer a list of Internet Retailer’s 2008 conference attendees.
Internet Retailer is seeking a permanent injunction barring EmailAppenders from using its name and an order forcing EmailAppenders to pay Internet Retailer all the money EmailAppenders made using Internet Retailer’s name, plus unspecified damages and attorney’s fees.
Love appeared in court last week.
“I testified that EmailAppenders was never given permission to use our conference trade names—IRCE and Internet Retailer Conference & Exhibition—that we never provide, sell or rent our IRCE attendee list to anyone, and that EmailAppenders was not granted permission to market the IRCE list on our behalf,” wrote Love.
“I also testified that about 20 of our exhibitors had informed us that they had been contacted by EmailAppenders in an effort to market to them what was purported to be the IRCE 2008 attendee list at a cost of anywhere between $2,500 to $5,000 for perpetual use. None of these vendors purchased the list from EmailAppenders to our knowledge. “
In an interview for Direct Magazine before Internet Retailer’s lawsuit was filed, Ian Cooper, president of new business development for EmailAppenders, said his firm never represented the list as the same one owned by Internet Retailer.
“We have the list because we sent one of our sale executives there,” he said. “Is there anything wrong with collecting business cards and selling the list? … Who says they gave it to us? We never claimed that.”
According to Love, Cooper’s claim is ridiculous. “Anybody collecting cards without a booth would be tossed out,” he says. “We have 50 staffers monitoring the show. That would have to be an intense effort. We’d spot it and toss them out.”
Love said the judge took the motion for an injunction under advisement.
“The order we are requesting is fairly detailed and the judge wanted to have some time to study it,” he wrote. “So, we have to wait a bit longer. You know what they say about the wheels of justice.”
Named in Internet Retailer’s lawsuit are Frank Simon, Vanessa Anderson, Chris McAlister, and Steve Dawson.
Cooper failed to respond to an e-mail asking for comment. He also failed to respond to a voice message left with an EmailAppenders customer service representative.
