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CompuServe Inc. v. Cyber Promotions, Inc.

United States District Court for the Southern District of Ohio

962 F.Supp. 1015 (1997)

Torts
Relevant factsFree

Cyber Promotions (defendant) sent mass unsolicited emails to CompuServe (plaintiff) subscribers despite CompuServe's demand to stop, and manipulated its email transmissions to evade CompuServe's technical blocking efforts, placing heavy demands on CompuServe's servers, degrading service, and driving away subscribers who quit over the spam. CompuServe sought a preliminary injunction based on trespass to chattels.

IssueFree

Whether a party may be held liable for trespass to chattel for dispossessing another's chattel by interfering or intermeddling with another's chattel such that either the value of such chattel is impaired or harm is caused to the possessor of the chattel.

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