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Cyber Promotions Inc. vs. America Online Inc. (E.Pa. 1996)

America Online (AOL) took actions to stop all e-mail from Cyber Promotions, an online direct mail marketing company from reaching AOL subscribers.

Judge Weiner's order

In the United States District Court
for the Eastern District of Pennsylvania

Sept. 4, 1996

After hearing oral argument by telephone on plaintiff's motion for a temporary restraining order/preliminary injunction and after reviewing the parties' submissions on the motion, the Court finds that plaintiff has met the criteria for the issuance of a temporary restraining order in order to preserve the status quo pending trial in November.

Accordingly, defendant America Online Incorporated is temporarily restrained from blocking in any manner up until the time of trial, plaintiff Cyber Promotions Inc.'s e-mail to America Online recipients who wish to receive the mail and from interfering in any manner with Cyber's business relationships with its Internet Service Providers.

In light of plaintiff's financial condition, plaintiff shall post a security of $5,000.

It is so ordered.

(Signed) Charles R. Weiner


School of Journalism and Communication