Register.com brought the case in August 2000, arguing that Verio was deceiving Register.com's customers with misleading marketing tactics and violating the terms of use for the WHOIS database.
Register.com sought a court order to halt Verio's activities, alleging that they constituted breach of contract, trespass to its computer database. It also cited violations of the Lanham Act, which covers liability for unfair competition and false designation of origin, and the Computer Fraud and Abuse Act.
As an ICANN-accredited registrar, Register.com is required to maintain a WHOIS database to give public access to information for the purposes of resolving domain name disputes.
Verio used a spider program to search the WHOIS database for newly registered domain names and then add the details of each registrant to its marketing list. Register.com was alerted to Verio's actions by complaints from customers who had not opted-in to receive solicitations when registering with Register.com.
In December 2000 Judge Jones ruled that by submitting a WHOIS inquiry, Verio assented to the terms of use required by Register.com. It then breached these terms of use.
On appeal Verio argued that Register.com had itself breached ICANN rules requiring it to make the WHOIS data freely available.
But the 2nd US Circuit Court of Appeals disagreed. According to Law.com, Judge Pierre Leval wrote: "The public policy as set forth in the ICANN Agreement expressly contemplated that the WHOIS data not be available for use in mass e-mail solicitation."
The injunction was upheld.