August 5, 2009, 12:00 AM

Internet Retailer wins injunction against marketer of bogus IRCE list

A federal judge bars Email Appenders from using the terms Internet Retailer or IRCE, or from claiming it is selling Internet Retailer-sponsored goods. Email Appenders failed to defend itself against charges of trying to peddle a phony IRCE attendee list.

A federal judge has issued an injunction against Email Appenders LLC, which last year tried to sell what it falsely claimed to be a list of attendees to the 2008 Internet Retailer Conference & Exhibition.

The order by U.S. District Court Judge Blanche M. Manning of the Northern District of Illinois bars Email Appenders from in any way using the trademarked terms Internet Retailer and IRCE, or misleading the public into thinking it is selling goods sponsored by Internet Retailer or its annual conference. The judge also awarded Internet Retailer Conference & Exhibition LLC more than $12,000 in attorney’s fees.

The judgment came in a lawsuit filed late last year by IRCE organizers against Email Appenders, which attempted last summer and fall to sell what it claimed to be a list of the more than 5,000 attendees to the Internet Retailer Conference & Exhibition that took place in Chicago in June 2008, asking $2,500 to $5,000. Vertical Web Media, parent company of IRCE and Internet Retailer magazine, does not sell lists of those who attend its conferences, and publicly warned of the scam in the fall of 2008, before filing the federal court lawsuit.

Jack Love, president of Vertical Web Media, says he is “extremely happy that the federal court has granted our request for this permanent injunction, which prevents Email Appenders from using our name without permission and from blatantly misrepresenting what they are selling as an IRCE attendee list.”

“This has been an expensive undertaking but it indicates how serious we are in protecting the Internet Retailer brand,” Love says. “We hope it sends a message to list renters to make sure they know the organization they are renting from and that it is authorized to represent the list they are marketing. If anyone rented the bogus IRCE attendee list that Email Appenders was marketing, they would not have wasted their money had they called us first. We would have told them that the IRCE list is not rented to anyone and that Email Appenders does not represent us or have access to our lists. Unfortunately, fraudulent list marketers like these prey on the unreasonable desire of direct marketers to get lists that are impossible to get. They should know that there are no knock-offs in the list business.”

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