F.T.C. v. CYBERSPACE.COM LLC

Nos. 04-35428, 04-35431.

453 F.3d 1196 (2006)

FEDERAL TRADE COMMISSION, Plaintiff-Appellee, v. CYBERSPACE.COM LLC; French Dreams N.V.; Electronic Publishing Ventures LLC; Olympic Telecommunications Inc; Ian Eisenberg, Defendants, and Coto Settlement; Chris Hebard, Defendants-Appellants. Federal Trade Commission, Plaintiff-Appellee, v. Cyberspace.com LLC; Coto Settlement; Electronic Publishing Ventures Llc; Chris Hebard, Defendants, and French Dreams N.V.; Olympic Telecommunications Inc; Ian Eisenberg, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 13, 2006.


Attorney(s) appearing for the Case

Roger M. Townsend, Newman & Newman, LLP, Seattle, WA, argued the cause for appellants Ian Eisenberg, French Dreams, N.V., and Olympic Telecommunications, Inc. Derek A. Newman, Newman & Newman, LLP, Seattle, WA, was on the briefs.

Ernest Leonard, Friedman & Feiger, LLP, Dallas, TX, argued the cause for appellants Coto Settlement and Christopher L. Hebard. Lawrence J. Friedman, Friedman & Feiger, LLP, Dallas, TX, and Sarah K. Johnson and Stacy A. Connole, Foster, Pepper & Shefelman, Seattle, WA, were on the briefs.

Marilyn E. Kerst, Federal Trade Commission, Washington, D.C. argued the cause for appellees. Willian E. Kovacic, General Counsel, John F. Daly, Deputy General Counsel for Litigation, Collot Guerard, and Michael Goodman, Federal Trade Commission, Washington, D.C., were on the brief.

Before: O'SCANNLAIN, SILVERMAN, and GOULD, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We must decide whether a mail solicitation for internet service is deceptive as a matter of law within the meaning of the Federal Trade Commission Act.

I

In the late nineties, Ian Eisenberg and Chris Hebard formed Electronic Publishing Ventures, LLC ("EPV") and its four subsidiaries: Cyberspace.com, LLC, Essex Enterprises, LLC, Surfnet Services, LLC, and Splashnet.net, LLC. Two offshore entities, French Dreams Investments...

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