Archive - April 13, 2005

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Failure to Produce Entire Web Page Constitutes Sanctionable Conduct

Failure to Produce Entire Web Page Constitutes Sanctionable Conduct

Beck v. Atlantic Coast PLC, 868 A.2d 840 (Del. Ch. Feb. 11, 2005)

This case was brought as a class action seeking relief and damages in connection with the marketing and sale of “Window Power Tools.” This allegedly sham product, developed by Digital Millennium, Inc. (“DMI”) and Salaman Zafar of Pakistan and sold via Atlantic Coast PLC, was advertised as being capable of optimizing Windows. Heinrich Beck, the proposed class representative and alleged victim of the scheme, was in fact a savvy Internet user who was not victimized and decided to pursue those responsible for the product. Beck’s web page revealed his true identity and motivation, but its entirety was wrongfully withheld and only revealed via an Internet search by Atlantic Coast. Read More

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