A claim has been brought in the UK’s High Court by US citizens who had been named on the defendant’s Register of Known Spam Offenders. The register had been available on its website for a period of over five months and the claimants were also at the top of the defendant’s list, on the same website, of the top 10 world’s worst spammers.
The defendant made an application to the court asking it to strike out claims for libel, copyright infringement and misuse of private information as an abuse of process.
Bearing in mind that it is a drastic action for a court to strike out a claim if it has at least arguable merit, it is not surprising that the court dismissed the application. The court found that the claimants had a real prospect of establishing that those within the country, who read and were likely to have believed the words complained of, included people whose opinion was important to the claimants and their business prospects.