OPT-IN E-MAIL MARKETING services provider NetCreations Inc. settled with an e-mail direct marketing company against which it had filed a trademark infringement lawsuit in March. The terms were not disclosed.
NetCreations filed a similar, unrelated suit in July. The first suit, filed March 30 in U.S. District Court for the Southern District of New York, charges that eData.com Inc., Boca Raton, FL, used the name Postmaster for its e-mail business, and engaged in trademark infringement and unfair competition. New York-based NetCreations’ opt-in e-mail network service is called PostMasterDirect. NetCreations believes it has exclusive rights to the name Postmaster in reference to e-mail marketing, said Brian Burlant, general counsel for the company. Its trademark applications for the names PostMasterDirect and Postmasterdirect.com are pending in the federal trademark office. Since talks began, eData has changed the name of its e-mail service to Edirect.com and has stopped advertising in trade publications under the name Postmaster.com.
The second lawsuit was filed July 21 in the same New York court against Postmaster Network, Pompano, FL. According to court papers, in addition to the trademark charge NetCreations is charging unfair competition, dilution and cyber-piracy under the Lanham Act.
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