SANTA CLARA COUNTY, Calif. - Epic Cash LLC announced on Aug. 26, 2008, that it has filed suit in Santa Clara County Superior Court against Zango Inc. and the owners of Adult Friend Finder.
The charges levied were unfair business practices, unfair competition, tortious interference with prospective economic advantage, unjust enrichment and conversion.
"The defendants are thieves," the complaint reads. "They stole (or conspired to steal) Plaintiff's potential customers by taking advantage of Plaintiff's Internet marketing efforts. This is parasitic marketing."
Zango, formerly known as 180Solutions and Hotbar, is an online advertising company that specializes in "pop-up" advertisements. Zango has become infamous within the online community for installing its malware into unsuspecting users' computers.
"Zango makes money by appropriating the time, effort and goodwill of others, and selling the fruits of that time, effort and goodwill to its own customers, including the other defendants named herein," the complaint went on to say.
Zango promotes its advertising services to its clients as a way to "truly target consumers when they are most interested in products or services."
Adult Friend Finder is one of Zango's biggest clients. Until recently, Epic Cash owned several websites, including EpicCams.com, which competed with Adult Friend Finder for traffic. Through use of Zango's adware, Adult Friend Finder and other Zango clients reportedly diverted traffic away from Epic Cash sites and converted Epic Cash's business to their benefit.
Adult Friend Finder is part of Various Inc., which was acquired last year by the Penthouse Media Group.
Epic Cash's attorney, Gary Jay Kaufman of The Kaufman Law Group, said he is confident this lawsuit will send a strong message.
"Zango and its clients are feeding off of others' goodwill and popularity and poaching a competitor's potential customers just when they are ready, willing and able to buy," Kaufman told AVN Online . "It is the equivalent of Burger King setting up shop inside a McDonald's and selling Whoppers to anyone asking for a Big Mac. That we are dealing with virtual, rather than brick and mortar, storefronts, does not change the fact that these deceptive and unfair practices are unacceptable. I expect the Court to agree."
