For Press Information, Contact:
Mike Darcy
Prodigy, Inc.
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darcy@prodigy.com
CYBER PROMOTIONS ORDERED TO CEASE USING
PRODIGY TO DELIVER EMAIL ADVERTISEMENTS
CYBER PROMOTIONS AGREES TO PAY PRODIGY CASH DAMAGES
WHITE PLAINS, NY, December 13, 1996 . . . Prodigy Services Corporation today announced a resolution to its trademark infringement lawsuit against Cyber Promotions, Inc., resulting in a permanent injunction against Cyber Promotions.
As part of the resolution, Cyber Promotions was ordered by the court to immediately cease using Prodigy's name to deliver email advertisements, commonly referred to as spam, to anyone on the Internet. Also, Cyber Promotions has paid Prodigy an undisclosed amount in damages, and will honor the request of Prodigy members to be removed from any of Cyber Promotions mailing lists.
"This settlement represents a victory not just for Prodigy, but for any person accessing the Internet," said Prodigy Vice President and General Counsel Marc Jacobson. "Prodigy does not allow unwanted solicitation within its own community, so we certainly do not view favorably any company using Prodigy for the delivery of spam. Prodigy will continue to defend its brand, its image, and its name against any entity attempting to associate Prodigy's name with unsolicited email advertising."
As a result of the resolution, Cyber Promotions was permanently enjoined from:
* Using existing Prodigy accounts and opening new Prodigy accounts for any purpose;
* Sending email from any Prodigy account or designating any Prodigy account as the address of origin for the return of email;
* Representing that its email was sent from Prodigy or from a Prodigy account;
* Knowingly causing or using any Internet Service Provider to return undeliverable email to Prodigy or a Prodigy account;
* Failing to honor the request of any Prodigy member who asks to be removed from any and all mailing lists maintained, used or operated by Cyber Promotions.
White Plains, NY-based Prodigy Services Corporation in a wholly owned subsidiary of Medford, MA-based Prodigy, Inc., an international distributor of online and Internet-based content and services. Its newest offering is Prodigy Internet, an easy, personal, friendly and affordable way to get connected to the Internet. Prodigy Internet is available at two prices: The Unlimited Plan, which costs $19.95 a month and provides unlimited untimed access to both the Internet and PI content and functionality; and the Basic 10, which costs $9.95 a month and provides ten hours' usage, with additional hours beyond 10 priced at $2.50 each. Prodigy Internet software is available through computer and software dealers nationwide, at http://www.prodigy.com, or by calling at 1-800-PRODIGY (776-3449).
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