Legal Question in Technology Law in New York
Forged email header using our domain name
A new York company has forged the header file of thousands of emails sent to AOL customers and others. The emails appear to have come from our company's domain name. We have tracked this company down and found them to be a NY company. We wish to file a civil claim against them for use of our server and for damage to our company's reputation. Is there a law under which we can file suit against them? WE are a Virginia corporation. Can we file under Virginia laws - NY has none related to SPAM or forged email information. If we can't sue them, can we sue the company that is allowing this to continue even though we have asked them to stop?
2 Answers from Attorneys
Re: Forged email header using our domain name
This sounds like trademark infringement, and possibly a number of other interesting claims, including commercial disparagement, and perhaps your Virginia claims. You can certainly try to use the Virginia statute; that would require some more research to answer. But you would, all things being equal, do best suing in NY. You may also be able to sue the third party company.
Re: Forged email header using our domain name
Yes, you can sue them in Virginia under Virginia law governing the sending of e-mail with falsified headers, among other things. You might also be able to sue them under New York and comparable Virginia law governing misappropriation of your company's name. You could probably file the suit here in Virginia, and you may qualify - depending on the number of e-mails sent and your own e-mail set up - damages of $25,000 per day.
See Va. Code 18.2-152.1 and following. (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC)
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