The California Supreme Court held that email advertiser’s use of multiple domain names in order to avoid spam filters did not violate California law where each of the domain names was accurate, even though allegedly misleading.
Vonage Holdings Corp., Vonage America, Inc., and Vonage Marketing, Inc. allegedly sent out unsolicited email advertisements for its broadband telephone services. The emails were sent from 11 different domain names, none of which were readily identifiable as being affiliated with Vonage. Among the domain names were “countryfolkgospel.com,” “lowdirectsme.com,” and “yearnfrmore.com.” Each of the 11 domain names was traceable to a single physical address in Nevada where Vonage’s marketing agent was located.
