Omega World Travel v. Mummagraphics, Inc., Civil No. 05-122 (E.D. Va. jury verdict April 27, 2007).
Status: $110,000 award to plaintiff (reduced from $2.5 million on remittitur)

Mark Mumma operates a web site,, which tracks lawsuits against alleged spammers under the federal CAN SPAM Act (15 U.S.C. §§ 7701 et seq.). In 2005, he listed Omega World Travel, which operates the web site, as a spammer after he received several unsolicited e-mails from the company, and his initial requests to be removed from the company’s e-mail lists were not honored. The travel company then sued for defamation, copyright infringement, trademark infringement, and unauthorized use of likeness. All but the defamation claim were dismissed. Mumma’s counterclaims against Omega World Travel, alleging violations of the CAN SPAM Act, were also dismissed by the trial court (51 F.Supp.2d 542, 51 F.Supp.2d 544); this ruling was upheld by the 4th Circuit Court of Appeals (469 F.3d 348 (4th Cir. 2006)). The defamation claim went to trial, resulting in a $2.5 million jury verdict ($500,000 compensatory, $2 million punitive). The court reduced this award to $10,000 compensatory damages and $100,000 punitive damages.

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