Internet Retailer has filed a lawsuit against EmailAppenders, alleging the data service provider wrongly claimed to have Internet Retailer’s 2008 conference attendee list for sale.
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.
According to Jack Love, president of Internet Retailer’s parent company Vertical Web Media, the firm gives its conference attendee list to no one.
“The list being marketed is not a legitimate list of [conference] attendees. We do not sell, rent or reveal that list to anyone,” said Love. “It’s our most valuable asset.”
In an interview conducted for an upcoming article in 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 says. “Is there anything wrong with collecting business cards and selling the list? … Who says they gave it to us? We never claimed that.”
Cooper also claims his firm’s version of Internet Retailer list contains 6,000 names. According to Internet Retailer’s complaint, about 5,100 people attended the conference.
When questioned on the 6,000 figure, Cooper said two people collected 600 business cards a day.
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.”
Named in Internet retailer’s lawsuit are Frank Simon, Vanessa Anderson, Chris McAlister, and Steve Dawson.
Internet Retailer is asking the court for a preliminary injunction barring EmailAppenders from using its name. The complaint also calls for the court to order EmailAppenders to pay Internet Retailer all the money the marketing services firm made using its name, along with unspecified damages and attorney fees.
A message left on Cooper’s voicemail asking for comment on Internet Retailer’s lawsuit was not returned.
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