Norton Maker Beats A Counterfeiting Spammer

The makers of Norton Antivirus and System Works have won a $3 million verdict against reputed spammer Maryland Internet Marketing, after a federal court held the latter company sold counterfeit copies of both software packages.

Symantec also won a verdict against MIM chief executive officer George Moore, who was ordered by the court to pay $300,000 in damages personally, according to CNET, as well as a ban against Moore and MIM from selling unauthorized Symantec products in the future.

Symantec director of worldwide security and brand protection William Plante said in a post-verdict statement that his company believed MIM to be the largest source of spam selling the fake Norton programs. "As a result of this case, the frequency of such e-mails has dropped dramatically," Plante continued, "and a sizable amount of counterfeit product has been taken out of circulation. The fact that Mr. Moore was held personally accountable speaks volumes for how serious a crime it is to sell counterfeit software."

Symantec sued MIM in April, claiming trademark infringement and false advertising, and won similar cases against two other companies, CD Micro and eCommerce, during the fall. Those included a $10 million judgment against CD Micro and its chief executive officer.

The Symantec case wasn't the first time MIM dealt with litigation in court over spam, CNET said. They tangled with Johns Hopkins University anti-spam activists, one of whom posted Moore's telephone number and address on a Website claiming to list Maryland's most notorious spammers. Moore sued claiming harassment from "incessant phone calls and messages" thanks to that posting, CNET said, but a court ruled the calls didn't equal harassment legally, prompting an appeal from Moore.

Symantec chief executive officer John Thompson has been a critic of the newly-enacted CAN-SPAM Act, saying it's unenforceable and calling instead for forcing carriers to monitor spam or charge the spammers. "If you are going to send all of this crap over my network, damn right, you should pay for it," he told a seminar at the Comdex show in November.

It wasn't yet known whether MIM or Moore would appeal the Symantec verdict.