IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

AMERICA ONLINE, INC.
Plaintiff,

V.

OVER THE AIR EQUIPMENT, INC.
Defendant.

ORDER

For the reasons stated in open court, it is hereby ORDERED that defendants Over the Air Equipment, Inc. and Joe Tajalle, and all persons acting in concert or participation with them, be and are enjoined from:

1) sending or transmitting any unsolicited electronic mail message, or any electronic communication of any kind, to America Online Inc. ("AOL") or its members without prior written authorization;

2) sending or transmitting electronic mail or messages to AOL or its members bearing any false, fraudulent, anonymous, inactive, deceptive or invalid return information, or otherwise using any other artifice, scheme or method of transmission that would prevent the automatic return of undeliverable electronic mail to its original and true point of origin;

3) electronic mail, web sites or causing their messages to bear any AOL registered trade or service mark or other symbol or representation falsely indicating that AOL has endorsed or approved defendants' services, that AOL is affiliated with or connected in any way to defendants' businesses, or that any mail or message from defendants originated from, or

was in any way transmitted through or by, AOL or any of its members; and

4) obtaining and/or using membership with AOL to acquire or compile AOL member addresses for use in the transmission of unsolicited promotional messages to those AOL members.

Plaintiff is directed to post a bond guaranteed by an appropriate surety in the amount of $100,000 with the Clerk.

The Court’s standard discovery scheduling order will issue, and shall apply except as to any timelines for expedited discovery established by mutual consent of the parties and reported to this Court.

A pretrial conference for this action will be hold on November 20th, 1997 at 12:05 P.M.

Leonie M. Brinkema

United States District Judge