DIVISION:

COMPLAINT

Plaintiff, America Online, Inc. ("AOL"), sues Defendants Global Marketing Solutions, Inc. ("Global"), and Anthony D. Burton ("Burton"), and states:

Nature of AOL’s Claims

1. Defendants have engaged in fraudulent and unlawful activities over the Internet that have directly harmed AOL and its millions of members. These activities include bombarding AOL members with repeated transmissions of hundreds of thousands of unauthorized, unsolicited, and unwanted commercial electronic mail ("bulk junk e-mail"). These messages typically attempt to peddle dubious "get rich quick" guides and "guaranteed quick cash" loan programs.

2. AOL has demanded that Defendants immediately cease sending bulk junk e-mail to AOL members but Defendants have persisted in doing so. AOL also has put into effect various filtering methods designed to stop Defendants from showering AOL members with unwanted bulk junk e-mail. These methods have been undermined, however, by Defendants’ deceptive countermethods.

3. Defendants’ countermethods include the forging of the characters "aol.com" within their bulk junk e-mail which is intended to confuse AOL members and constitutes an unauthorized use of the AOL name.

4. Defendants’ activities have resulted in thousands of AOL member complaints, have clogged AOL’s computers and computer system, have co-opted valuable computer and staff resources needed to deliver legitimate e-mails, and have caused and are continuing to cause serious and irreparable injury to AOL by impairing the functioning of AOL’s e-mail system and harming AOL’s business reputation and good will. A copy of a typical member complaint is attached as Exhibit A.

5. Defendants’ activities constitute violations of (a) the Computer Fraud and Abuse Act, 18 U.S.C. ' 1030 et seq.; (b) the Lanham Act, 15 U.S.C. 1051; (c) Florida’s Computer Crimes Act, Fla. Stat. §' 815.06 and 815.07; (d) Florida’s Trademark and Service Mark Act, Fla. Stat. ' 495.151; (e) Virginia’s Computer Crimes Act, Va. Code Ann. §18-2 – 152.2 et seq.; (f) the common law of trespass; (g) Washington’s Unsolicited Commercial Electronic Mail Act, ch. 149, Laws of 1998; (h) the common law of unfair competition; (i) the common law of unjust enrichment; and (j) the common law of civil conspiracy.

6. AOL seeks (a) an injunction to stop Defendants’ continuing deceptive and unlawful activities and to prevent further deceptive and unlawful activities; (b) compensatory, treble, and punitive damages; and (c) the imposition of a constructive trust in favor of AOL on all monies received by Defendants as a result of their deceptive and unlawful activities.

Parties

7. AOL is a corporation organized and existing under the laws of Delaware with its principal place of business in Loudon County, Virginia. AOL provides a proprietary, content-based online service that allows its members to access the Internet and to send and receive e-mail.

8. To provide this on-line service, AOL maintains computers and a computer system which are located in Fairfax County, Virginia. E-mail that is sent to and from AOL members is processed through and stored on AOL’s computers and computer system.

9. AOL has used in commerce the "AOL" mark to identify its products and services continuously since October 1989. "AOL" has been registered as a trademark upon the Principal Register of the United States Patent and Trademark Office as United States Registration No. 1,984,337, registered July 2, 1996, and as a service mark upon the Principal Register of the United States Patent and Trademark Office as United States Registration No. 1,977,731, registered June 4, 1996. Copies of these registrations are attached as Composite Exhibit B.

10. AOL has registered the domain name "aol.com" with the InterNIC, a consortium responsible for assigning Internet addresses. This domain name is used extensively in interstate commerce and is recognized worldwide as an identifier of AOL's products and services.

11. On information and belief, Global is a corporation organized and existing under the laws of Florida with its principal place of business in Orange County, Florida. Global markets dubious and deceptive "get rich quick" guides and "guaranteed quick cash" loan programs.

12. Burton is a natural person who, on information and belief, is domiciled in Orange County, Florida. He is an owner and principal officer of Global.

Jurisdiction

13. This Court has original jurisdiction under 28 U.S.C. § 1338(a) and (b) over the federal dilution, and computer offense claims. This Court has diversity jurisdiction under 28 U.S.C. § 1332(a) and supplemental jurisdiction under 28 U.S.C. § 1367(a) over the state computer offense, trespass, unfair competition, unjust enrichment, and civil conspiracy claims.

14. This Court has personal jurisdiction under Fla. Stat. ' ' 48.193(1)(a), (1)(b), (1)(f)(1), (1)(f)(2), and (2) over Global because Global operates a business in Florida, committed a tortious act in Florida, caused injury to persons or property in Florida arising out of its acts, processed materials used by consumers in Florida in the ordinary course of business, and engages or engaged in substantial and not isolated activity in Florida. This Court has personal jurisdiction over Burton because he is domiciled in Florida.

Venue

15. This District is the proper venue under 28 U.S.C. ' ' 1391(b) and (c) because a substantial part of Defendants’ unlawful activities were and continue to be committed in this District, because Global has its principal place of business in this District, and because Burton is domiciled in this District.

16. This Division is the proper venue under Local Rule 1.02(b)(4) and (c) because a substantial part of Defendants’ unlawful activities were and continue to be committed in this Division, because Global has its principal place of business in this Division, and because Burton is domiciled in this Division.

The Internet and the E-Mail System

17. Defendants send their bulk junk e-mail by using the e-mail capabilities of the Internet.

18. The Internet is a complex "network of networks" that connects smaller networks of computers. All of the networks within the Internet are linked in a manner that enables any computer connected to the Internet to communicate with any other computer connected to the Internet.

19. The Internet makes it possible for a user to rapidly exchange e-mail with other users in the United States and abroad. E-mail can be transmitted almost instantaneously from one individual to another, or from one individual to a large group of individuals. In fact, an individual can transmit hundreds of thousands of copies of a particular e-mail message within minutes.

20. The intended recipient of an e-mail message is identified by an Internet Protocol ("IP") address assigned to the intended recipient by the InterNIC. Similar to a personal telephone number or street address, an IP address identifies the recipient through sets of numbers. An IP address consists of four sets of three numbers in the following format: 123.123.123.123.

21. Instead of using the IP address, a sender may use the recipient’s "domain name" also assigned to it by the InterNIC. Domain names serve as a convenient shorthand for Internet users by allowing them to use memorable names to identify themselves and their type of business, rather than the cumbersome twelve-digit IP addresses. For example, domain names for businesses end in ".com" (e.g. "aol.com"), domain names for educational institutions end in ".edu" (e.g. "univfla.edu"), and domain names for governmental organizations end in ".gov" (e.g. "justice.gov").

22. E-mail addresses consist of a proper name corresponding to the user’s account ("user name"), followed by the @ symbol, followed by the domain name (e.g. "jdoe@company.com"). AOL members are permitted to use the @ aol.com domain name to send their e-mail messages (e.g. jdoe@aol.com).

23. All e-mails read by a recipient contain "headers" generated by the sender’s e-mail software. Headers give basic information to the recipient such as (a) the sender’s return e-mail address, (b) the subject of the e-mail, and (c) information related to the transmission of the e-mail message, such as the date, time, and routing information.

The Advent of Bulk Junk E-Mail and the Substantial Harm that Bulk Junk E-Mail Causes AOL and Its Members

24. The sending of bulk junk e-mail has become popular in recent years to those wanting to make a quick buck and shift the burden of paying for marketing to others. Sending bulk junk e-mail is nearly cost-free to the senders because it costs them virtually nothing to transmit e-mails, regardless of the number of recipients.

25. Although senders of bulk junk mail via the postal system must pay the costs of delivery through the purchase of stamps, there are no stamps on the Internet. Instead, the costs of storing, sorting, and delivering junk e-mail are involuntarily borne by AOL and ultimately by AOL members. Senders of bulk junk e-mail engage in the practice precisely because the medium permits them to shift their marketing costs onto AOL and its members.

26. AOL’s e-mail system is operated through servers that store and route e-mail messages to and from AOL members. Any e-mail that is sent through the Internet to an AOL address is first received and sorted by the AOL servers. This system was created solely for the benefit of AOL members, who pay prescribed fees and who agree to adhere to AOL's "Terms of Service."

27. The AOL e-mail system has a finite capacity designed to accommodate the demands imposed by AOL members. AOL's computers and computer system are not designed to accommodate, and are vulnerable to disruption by, bulk junk e-mail.

28. The repeated transmission of bulk junk e-mail messages degrades the performance of AOL's computers and computer system, forcing AOL to divert computer processing resources away from the handling of authorized e-mail for AOL members. The aggregation of time required to process hundreds of thousands of pieces of bulk junk e-mail slows the delivery of all e-mail to AOL members, and has at times resulted in significant delays in members' receipt of their authorized e-mail.

29. Bulk junk e-mail also results in a substantial quantity of e-mail sent to invalid e-mail addresses, which in turn causes additional harm to the performance of AOL's computers and computer system. For each message that contains undeliverable recipients, AOL's computers must attempt to transmit a message back to the originating site of the e-mail message to inform it of the delivery failure. Attempts to send such "bounced" messages back to the sender's computers consume considerable processing resources within AOL's computers and computer system.

30. Aside from diverting AOL’s resources and slowing down AOL’s system, the practice of sending bulk e-mail has substantially harmed AOL’s relationship with its members. The receipt of bulk junk e-mail is the number one complaint voiced by AOL members about the Internet e-mail system. AOL receives up to approximately two hundred thousand such complaints per day and has been forced to spend thousands of staff hours addressing complaints.

31. The receipt of bulk junk e-mail substantially harms AOL members because they have to spend their time opening, reading, and discarding the bulk junk e-mail.

32. The receipt of bulk junk e-mail has particularly adverse consequences for those AOL members who pay for their access to AOL's online services and e-mail capability in increments of time. Time spent by such a member opening, reading, and discarding the bulk junk e-mail is paid for by the member according to the member's hourly billing rates. These AOL members thus end up paying twice for the activities of junk e-mailers, through the increased costs and delays in AOL's operations caused by the processing of bulk junk e-mail, and through increased monthly billings for their connection time with AOL.

33. For all of these reasons, the practice of sending bulk junk e-mail is widely condemned in the Internet community. AOL's "Terms of Service" specifically prohibit AOL members from using their AOL accounts to send bulk junk e-mail and expressly reserve AOL's right to block bulk junk e-mail sent to its members. Moreover, AOL’s Unsolicited Bulk E-Mail Policy expressly precludes the use of AOL’s computer facilities for the transmission of unsolicited e-mail through the Internet to AOL members.

34. In addition, AOL's "Terms of Service" and "E-Mail Policy" prohibit members from harvesting or collecting the e-mail addresses of other AOL members. Such harvesting and collecting is done by senders of bulk junk e-mail to create distribution lists.

35. To address the substantial harm caused by bulk junk e-mail, AOL has spent millions of dollars in new equipment to attempt to process the bulk junk e-mail. It also has implemented technical methods that permit its members to opt out of receiving messages from domains and IP addresses that are or have been the subject of member complaints regarding bulk junk e-mail.

36. Unfortunately, these methods rely on truthful e-mailing practices to be successful. Senders of bulk junk e-mail do not employ truthful e-mailing practices. Instead, they mail from multiple and varying domains, employ random and varying user names and relay their messages through the servers of innocent third parties.

37. Senders of bulk junk e-mail also falsify the headers on their e-mails to indicate that their messages are from domains that AOL does not filter in order to make it impossible for AOL to trace the source, to avoid having undeliverable e-mail returned to them, to deceive the recipient into thinking that the e-mail is from someone else, and to avoid accountability for their dubious products and schemes. AOL's computers and computer system cannot detect and filter the e-mail because these deceptive practices are employed.

Defendants’ Particular Bulk Junk E-Mail Practices

38. Defendants have transmitted, and continue to transmit, mass quantities of junk e-mail and have employed, and continue to employ, deceptive practices calculated to avoid AOL’s filtering methods.

39. Defendants’ bulk junk e-mail usually contain the following dubious statements:

$10,000 Cash Loan within the next 30 days Guaranteed!

Yes, Yes, Yes - - this is what you’ve been looking for. The main reason you won’t receive $10,000 within the next 30 days is if you don’t act on this special program.

This is an incredible new Loan Program that thousands of people are taking advantage of even with credit problems in the past or present. It makes absolutely no difference what your financial situation is, even if you have filed bankruptcy and you are unemployed.

Could you use $10,000 within the next 30 days? If you are like most people, you needed it yesterday! . . . We guarantee that you will receive a loan of up to $10,000 within the next 30 days.

40. Representative copies of Defendants’ bulk junk e-mail are attached as Composite Exhibit C.

41. In sending this bulk junk e-mail, Defendants have employed, and continue to employ, the deceptive e-mail practices described above to mask their identities and the quantity of their transmissions. Through these practices, they have evaded AOL’s filtering methods, thus preventing AOL from using those methods to block the bulk junk e-mail before it is delivered.

42. In particular, one practice that Defendants have employed, and continue to employ, is the transmitting from numerous, constantly varying domains, with randomly generated user names, making it appear as though their bulk junk e-mail comes from a number of different sources rather than from one particular account. This is a deliberate attempt to conceal the point of origin of their bulk junk e-mail and impair AOL’s efforts to prevent the dissemination and receipt of bulk junk e-mail to its members.

43. A second practice that Defendants have employed, and continue to employ, is the intentional forging of message headers and concealing of the true source of their bulk junk e-mail. Defendants include the names of AOL members without their authorization or include falsified names appended with aol.com.

44. Aside from transmitting bulk junk e-mail and employing these methods calculated to deceive AOL and its members, Defendants on information and belief, also have misappropriated vast mailing lists of AOL which contain members’ e-mail addresses. Defendants have used this information to send hundreds of thousands of junk e-mail messages across the Internet through AOL’s computers and computer system to AOL members.

45. After receiving thousands of member complaints, AOL demanded that Defendants immediately cease their transmission of bulk junk e-mail to AOL and its members. A copy of the demand letter is attached as Exhibit D. Defendants have ignored, and continue to ignore, this demand.

Impairing Computer Facilities in Violation of the Federal Computer Fraud and Abuse Act

46. AOL incorporates by reference paragraphs 1 through 45.

47. AOL maintains a computer system for its members who are Florida citizens and citizens of other states. The computer system contains "protected computers" as defined in 18 U.S.C. ' 1030(e)(2)(B) because they are used in interstate commerce and communication.

48. Defendants, repeatedly and without authorization, have transmitted to AOL’s protected computers bulk junk e-mail in the year preceding the filing of this Complaint. On each occasion on which this bulk junk e-mail was sent, Defendants knew that their bulk junk e-mail would impair the operation of AOL’s protected computer facilities and AOL’s ability to provide e-mail services to its members.

49. In transmitting their bulk junk e-mail, Defendants knowingly falsified portions of the Internet header information and engaged in other deceptive practices for the purpose of attempting to conceal from AOL and its members the actual domain and IP address that served as the point of origin of the transmission.

50. lDefendants, without authorization, have knowingly and intentionally caused the transmission of information to, and accessed, AOL’s protected computer facilities and, as a result of such conduct, caused damage or recklessly caused damage in violation of 18 U.S.C. 1030(a)(5).

51. The damages suffered by AOL as a result of Defendants’ conduct include the impairment of the integrity and/or availability of data, programs, systems and/or information in AOL’s protected computer facilities. These damages aggregate at least $5,000 in value in the year preceding the filing this Complaint.

52. Defendants threaten to continue to engage in their unlawful activities and, unless restrained and enjoined, will continue to do, causing irreparable harm to AOL by impairing its ability to provide e-mail services to its members. It is difficult to ascertain the amount of compensation that could afford AOL adequate relief for Defendants’ continuing unlawful acts. AOL's remedy at law therefore is inadequate to compensate for its injuries and threatened injuries.

Exceeding Authorized Access in Violation of the Federal Computer Fraud and Abuse Act

53. AOL incorporates by reference paragraphs 1 through 45.

54. AOL maintains a computer system for its members who are Florida citizens and citizens of other states. The computer system contains "protected computers" as defined in 18 U.S.C. ' 1030(e)(2)(B) because they are used in interstate commerce and communication.

55. AOL’s Terms of Service and Bulk E-Mail Policy specifically prohibit AOL members from using their AOL accounts to harvest or collect the e-mail addresses of other AOL members.

56. On information and belief, Defendants maintain or have maintained an AOL membership and have used that membership to harvest and collect the e-mail addresses of other AOL members in the year preceding the filing of this Complaint.

57. Defendants have intentionally "exceeded authorized access" as defined in 18 U.S.C. ' 1030(e)(6) to AOL’s protected computers by harvesting and collecting the e-mail addresses of other AOL members and have obtained information via interstate communication to which they were not entitled. These actions constitute violations of 18 U.S.C. ' 1030(a)(2).

58. By exceeding authorized access to AOL's protected computers, Defendants have caused AOL damage aggregating at least $5,000 during the one-year period preceding the filing of this Complaint.

59. Defendants continue their unlawful activities and, unless restrained and enjoined, will not stop their unlawful activities, causing irreparable harm to AOL. It is difficult to ascertain the amount of compensation that could afford AOL adequate relief for Defendants’ continuing unlawful acts. AOL's remedy at law therefore is inadequate to compensate it for its injuries and threatened injuries.

Dilution in Violation of the Lanham Act

60. AOL incorporates by reference paragraphs 1 through 45.

61. The AOL mark is a "famous" mark in interstate commerce as defined in the Lanham Act, 15 U.S.C. ' 1125(c)(1). It is widely known, especially famous, and distinctive.

62. Defendants have used the AOL mark after it became famous in interstate commerce in connection with their sale, offering for sale, and distribution of their products and services.

63. Defendants’ use of the AOL mark is likely to dilute the distinctive quality of the mark by linking the AOL mark to Defendants’ practices of sending bulk junk e-mail as well as their peddling of dubious and deceptive "get rich quick" guides and "guaranteed quick cash" loan programs.

64. The use of the AOL mark in this manner constitutes unlawful dilution under the Lanham Act, 15 U.S.C. ' 1125(c)(1).

65. The use of the AOL mark in this manner has caused, and continues to cause, AOL damages in addition to immediate and irreparable harm in the form of lost good will and business reputation for which AOL has no adequate remedy at law.

Offenses Against Computer Users in Violation of Florida’s Computer Crimes Act

66. AOL incorporates by reference paragraphs 1 through 45.

67. Defendants willfully, knowingly, and without authorization, have been associated with an unlawful enterprise through a pattern of accessing or causing to be accessed AOL’s computers and computer system in violation of Florida’s Computer Crimes Act, Fla. Stat. ' 815.06 and Fla. Stat. ' 772.103.

68. Defendants’ actions in associating themselves with an unlawful enterprise have damaged AOL’s computers and computer system, thereby damaging AOL.

Offenses Against Computer Equipment or Supplies in Violation of Florida’s Computer Crimes Act

69. AOL incorporates by reference paragraphs 1 through 45.

70. Defendants willfully, knowingly, and without authorization, have been associated with an unlawful enterprise through a pattern of injuring and damaging AOL’s computers and computer system in violation of Florida’s Computer Crimes Act, Fla. Stat. ' 815.05(2)(a) and Fla. Stat. ' 772.103.

71. Defendants’ actions in associating themselves with an unlawful enterprise have injured AOL’s computers and computer system, thereby damaging AOL.

Unfair Competition in Violation of Common Law

72. AOL incorporates by reference paragraphs 1 through 45.

73. Defendants’ use of the AOL mark in the domain names of their bulk junk e-mail, e.g. the use of the "aol.com," is likely to cause, and in fact has caused, confusion. AOL members and others are likely to be deceived, and in fact have been deceived, into believing that AOL is connected to, affiliated with, approves of, and condones Defendants’ transmission of bulk junk e-mail as well as Defendants’ peddling of dubious and deceptive "get rich quick" guides and "guaranteed quick cash" loan programs.

74. Defendants’ use of the AOL mark in the domain names of their bulk junk e-mail constitutes unfair competition in violation of Florida’s common law.

75. Defendants’ use of the AOL mark in the domain names of their bulk junk e-mail has caused, and continues to cause, AOL damages in addition to immediate and irreparable harm for which it has no adequate remedy at law.

Dilution in Violation of Florida’s Trademark and Service Mark Act

76. AOL incorporates by reference paragraphs 1 through 45.

77. Defendants’ use of the AOL mark has diluted, and continues to dilute, the distinctive quality of the mark.

78. Defendants’ use of the mark has caused, and continues to cause, injury to AOL’s business reputation.

79. Defendants’ use of the AOL mark constitutes unlawful dilution in violation of Florida’s Trademark and Service Mark Act, Fla. Stat. ' 495.151.

80. Defendants’ use of the AOL mark has caused, and continues to cause, AOL damages in addition to immediate and irreparable harm for which it has no adequate remedy at law.

Trespass to Personal Property or Chattels in Violation of Common Law

81. AOL incorporates by reference paragraphs 1 through 45.

82. The computers and computer system that comprise AOL’s e-mail system are the personal property and chattels of AOL.

83. Defendants have intentionally and repeatedly obtained access to and made use of this personal property in order to send bulk junk e-mail for their own economic benefit.

84. Through their practice and pattern of repeatedly sending bulk junk e-mail through AOL’s personal property, Defendants have wrongfully exercised dominion over AOL’s personal property in denial of AOL’s rights to its personal property.

85. Defendants’ dominion over AOL’s computer system has deprived AOL and its customers of the legitimate use of this commercially valuable personal property.

86. Defendants’ actions constitute trespass to personal property or chattels in violation of common law.

87. Defendants’ actions have caused AOL damages in addition to immediate and irreparable harm for which it has no adequate remedy at law.

88. Defendants’ actions have been undertaken with malice, oppression, and fraud. Punitive damages accordingly are justified.

Unjust Enrichment In Violation of Common Law

89. AOL incorporates by reference paragraphs 1 through 45.

90. By transmitting Defendants’ bulk junk e-mail to AOL members, AOL involuntarily has conferred a benefit on Defendants, with knowledge on the part of Defendants of AOL’s conferring of the benefit.

91. Defendants have appreciated that benefit by profiting from the use of AOL’s computers and computer system under circumstances that make it inequitable for them to appreciate the benefit without paying for its value.

Civil Conspiracy in Violation of Common Law

92. AOL incorporates by reference paragraphs 1 through 45.

93. On information and belief, Defendants had an agreement between themselves and others, including the designers and purchasers of the e-mail address lists and information on how to transmit bulk junk e-mail, to violate the Lanham Act, the Computer Fraud and Abuse Act, the Florida and Virginia Computer Crimes Act, the Washington Unsolicited Commercial Electronic Mail Act; and common law.

94. The effectuation of this agreement through the transmission of bulk e-mail to and through AOL’s computers and computer systems has damaged AOL and its protected computer systems.

Violation of the Virginia’s Computer Crimes Act

95. AOL incorporates by reference paragraphs 1 through 45.

96. AOL maintains computers and a computer system in Virginia that are "property" within the meaning of Va. Code Ann. § 18.2-152.2. AOL maintains these computers and computer system in connection with its provision of Internet services to its members who are Virginia citizens and citizens of other states.

97. Defendants, repeatedly and without authority, have transmitted batches of bulk junk e-mail to AOL's computers and computer system.

98. In transmitting these batches of bulk junk e-mail, Defendants knowingly falsified portions of the e-mail "header" information in an effort to conceal from AOL and its members the actual domain or IP address which served as the point of origin of the transmission.

99. Defendants, repeatedly and without authority, have obtained access to and used AOL's computers and computer system without authority in violation of the Virginia Computer Crimes Act, Va. Code Ann. § 18-2-152.6 and with the intent to obtain the use of AOL's property and services by false pretenses, in violation of the Virginia Computer Crimes Act, Va. Code Ann. § 18.2-152.3.

100. Defendants’ activities have caused, and continue to cause, injury to AOL, AOL's computers and computer system, and AOL's business relations, reputation, and goodwill.

101. Defendants threaten to continue to engage in their unlawful activities and, unless restrained and enjoined, will continue to do so, impairing the services provided to AOL members and causing irreparable damage to AOL. It is difficult to ascertain the amount of compensation that could afford AOL adequate relief for Defendants’ continuing unlawful acts. AOL's remedy at law therefore is inadequate to compensate for its injuries and threatened injuries.

Transmitting Unsolicited Commercial E-Mail in Violation of Washington’s Unsolicited Commercial Electronic Mail Act

102. AOL incorporates by reference paragraphs 1 through 45.

103. AOL maintains computers and a computer system that enable multiple users to access its computer servers and the Internet. AOL’s computers and computer system therefore qualify as an "Interactive computer service" as defined by the Washington Unsolicited Commercial Electronic Mail Act.

104. Defendants have initiated the transmission of numerous commercial junk e-mail messages to numerous e-mail addresses belonging to AOL members who Defendants knew, or had reason to know, were Washington residents.

105. The commercial e-mail sent by Defendants used a third party Internet domain name without permission of the third party, misrepresented information identifying the point of origin or transmission path of the commercial e-mail, and/or contained false or misleading information on the subject line.

106. Defendants transmitted their commercial e-mail after the effective date of the Act.

107. Defendants’ activities constitute numerous violations of the Act and, as provided by the Act, also are unfair and deceptive acts in trade or commerce and an unfair method of competition in violation of Washington’s Consumer Protection Act, 19.86 RCW (1997).

108. Because of Defendants’ violations of the Act and 19.86 RCW, AOL is entitled to liquidated damages in the amount provided by the Act and any other remedies provided by 19.86 RCW, including reasonable attorneys’ fees.

109. Defendants threaten to continue their unlawful activities and, unless restrained and enjoined, will continue to do so, causing irreparable harm to AOL.

Prayer for Relief

WHEREFORE, AOL requests that this Court enter a judgment in its favor and enter an order:

a. Granting permanent injunctive relief against Defendants and all persons acting in concert or participating with them, enjoining them from:

(1) Sending, transmitting, or otherwise facilitating the transmission of any unsolicited e-mail, or any other electronic communication, to AOL or its members;

(2) Sending, transmitting, or otherwise facilitating the transmission of any e-mail, or any other electronic communication, to or through AOL's proprietary computer network or to AOL members, which message or communication bears any reference to or hypertext link to any Web domain registered to or used by Defendants, or any product or service sold or marketed by Defendants;

(3) Sending, transmitting, or otherwise facilitating the transmission of any e-mail, or any other electronic communication, to or through AOL's proprietary computer network or to AOL members, which message or communication bears any false, fraudulent, anonymous, inactive, deceptive or invalid header information, or otherwise uses any other artifice, scheme or method of transmission that would prevent or impede the automatic return of undeliverable e-mail to its original and true point of origin;

(4) Causing their e-mail, web sites, or messages to bear any AOL-registered trademark or service mark or other symbol or representation falsely indicating that AOL has endorsed their products or services, that AOL is affiliated in any way with Defendants, or that any e-mail from them originated from, or was in any way transmitted through or by, AOL or any of its members;

(5) Obtaining and/or using membership with AOL; and

(6) Acquiring, transferring or compiling AOL member addresses for the purpose of transmitting bulk junk e-mail to those AOL members or engaging in any other actions that result in the receipt of any unwanted e-mail by AOL and its members;

b) Awarding AOL compensatory and treble damages caused by Defendants’ violation of the Lanham Act, the Computer Fraud and Abuse Act, the Florida and Virginia Computer Crimes Act, the Washington Unsolicited Commercial Electronic Mail Act, Florida’s Trademark and Service Mark Act, and common law;

c) Awarding AOL punitive damages in an amount sufficient to punish and deter Defendants and others from similar malicious, oppressive, and fraudulent conduct in the future;

d) Imposing a constructive trust in favor of AOL on all monies received by Defendants as a result of their bulk e-mail activities;

e) Awarding AOL its costs and attorneys' fees in prosecuting this action; and

f) Granting AOL all other relief that this Court deems proper.

Respectfully submitted by: