Worldata to Sue World Data Network.com

Boca Raton list firm Worldata Inc. claims its name is being misused by another Boca Raton company—World Data Network Inc.--and plans to file a trademark suit in federal court.

Worldata found out about the other firm when a client sent along an e-mail advertising World Data Network's opt-in e-mail lists, according to Jay Schewedelson, corporate vice president. "We currently have 38 million in-house opt-in e-mails…" the message read.

"They are an e-mail company and they are in Boca—that is not coincidence," Schwedelson charged. "They are trying to leverage our good name and our brand."

Worldata does e-mail and postal list brokerage and management. It's Web site is www.worldata.com.

Worldata CEO Roy Schwedelson said he also plans to request a cease-and-desist order and an injunction against the other Boca firm to prevent the it from using the domain name worlddatanetwork.net and to stop the company from doing e-mail marketing under the name World Data Network.

But discovering who is in charge at World Data Network has been a challenge.

The man listed on Florida's Division of Corporations Web site as an officer of World Data Network.com, Lev Goukassian, denied involvement with the firm.

"Some company registered World Data Network and they used my name without discussing it with me," Goukassian said, in an interview. "I never knew the company existed until this morning. I called them and they said they would remove my name. I never signed anything with this company."

Calls to World Data Network were referred to the company's attorney, Kenneth Dunn of Feder & Dunn in Coral Springs, FL.

Dunn said a lawsuit didn't worry him. World Data Network is spelled differently from Worldata, he said. "It has two D's and it's got 'Network' as part of the name. The state of Florida recognized the two companies as sufficiently distinct and allowed [my client] to incorporate under that name. There's no basis for a lawsuit."

Dunn said he thought that Goukassian was "an original officer, but I don't think he's involved with the company now."

But Jay Schwedelson said, "We are going to file complaints against the company World Data Network and its officers—whoever they may be."

He added that his staff is calling Worldata clients who may have received advertising e-mail from World Data Network to make sure they know the message did not come from his company.

The Worldata client who received the original e-mail is David Mettee, director of list services at OMD Direct, New York. Mettee said he'd never heard of World Data Network Inc. the client who received the original e-mail and notified Worldata said he'd never heard of World Data Network and did not opt-in for its e-mail.

"I'm on a million promotion lists," Mettee said. "They could have very easily gotten my e-mail address."

Goukassian said he is an e-mail marketer, but that his company's name is 0-0.com. He said he also runs a company called Data Network, but that it is unaffiliated with World Data Network.com.

The URL www.0-0.com brings up a Web site entitled, Data Network. The title tag on the home page reads: "Global Business Marketing leads." According to the Web site, the company sells e-mail address lists and Yellow Pages by CD. Goukassian said he has 500 million e-mail addresses, which he collects through search engine technology.

World Data Network's site features the tagline: "emarketing at its best" and lists as services global e-mail campaigns, qualified prospect lead generation, customer relationship management, armored hosting, art design and layout and e-commerce secure shopping.