Amazon.com has filed 11 lawsuits in the United States and Canada aimed at stopping alleged “spoofers” – e-mail marketers that create messages that might be misconstrued as coming from Amazon.
Amazon charged that the marketers sent unsolicited messages from e-mail addresses that incorporate either the Amazon.com domain name in the “sender” address.
The practice, known as “spoofing,” erodes confidence in brand names. “It’s not just spam; it’s consumer fraud,” said David Zapolsky, Amazon’s vice president and associate general counsel.
In addition to cessation of their activities, the papers, which were filed in seven different U.S. Federal district courts and the Ontario Superior Court of Justice in Canada, seek attorneys fees and unspecified punitive damages. In a statement, Amazon indicated that the damages could amount to millions of dollars.
At least one such suit, against E.B.A. Wholesale Corp. (doing business as Cyebye.com) an appliance retailer based in Brooklyn, NY, has been settled. According to Amazon, Cyebye will pay an undisclosed monetary settlement and refrain from sending any sort of e-mail message referring to Amazon without Amazon’s permission.
An unidentified man answering the phone at E.B.A. declined to comment. Calls to other named defendants were not returned at deadline.
Cyebye, which had been similarly targeted by the New York State Attorney General’s office, will pay $10,000 in penalties to New York state and will keep records of its commercial e-mails for the next two years and provide the A.G.’s office with regular updates of its compliance. Cyebye is restricted from using third-party names for marketing purposes unless authorized to do so.
According to Amazon, the defendants and their alleged misdeeds include:
*Several unidentified defendants who participated in an email scheme advertising “Healthproductsnow.net,” which advertises a “human growth hormone” to treat a variety of ills.
*Rockin Time Holdings, Inc., a Miami Beach, Florida-based operation touting “Gain Pro Penile Pills”.
*Royal Responder, a Fort Collins, CO company, and Jay Unzicker of Arizona who advertised tools for creating and sending spam through email.
*Cyberpower Pty., Ltd., and several unidentified defendants who participated in an email scheme advertising GrantGiveaways.com, a web site offering “Free Cash Grants, Never Repay”.
*Several unidentified defendants who participated in an email scheme advertising ImmunoShield, an immune system enhancing liquid spray created by Enzymatic Therapy, Inc., a Green Bay, WI company.
*1505820 Ontario, Inc., an Ontario, Canada, corporation operating “Jsuati.com,” which collects email addresses of consumers who attempt to opt out of receiving spoofed messages designed to appear as if they originated at nonexistent amazon.com email addresses.
*Several unidentified defendants who participated in an email scheme advertising “Cheapfilter.com,” a Web site offering a device that purportedly allows the consumer to receive Pay-Per-View channels “completely free”.
*Edward Davidson, an individual residing in Florida who advertised “VP-RX” penile pills.
*Matrix Consulting Group, LLC, a Wisconsin company that participated in an email scheme advertising “GainPro” penile pills.
*Daniel Byron Black, a California resident who sent emails advertising extended automobile warranties.
In June, one of the defendants targeted by Amazon, Rockin’ Time Holdings, was sued by Microsoft for unauthorized use of Microsoft trademarks in a series of unsolicited e-mails.
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