Breaking: HolomaXx Dismisses Suits against Return Path, Cisco IronPort

By Ken Magill

HolomaXx—a company that went from unknown in email-marketing circles recently to the talk of them by suing Microsoft, Yahoo, Return Path and Cisco IronPort Systems—has dropped its suits against Return Path and Cisco IronPort, the Magill Report has learned.

According to court documents, HolomaXx dropped its suit against Return Path on Dec. 13.

“We are obviously pleased with this outcome, and we are thankful that the plaintiff reached this conclusion quickly enough to spare both sides a large amount of needless legal expenses,” said Return Path CEO Matt Blumberg in an emailed statement.”

HolomaXx also dropped its suit against Cisco IronPort, according to Blumberg.

However, HolomaXx is still apparently suing Microsoft and Yahoo.

In two separate complaints filed on Oct. 29, Pennsylvania-based HolomaXx accused the firms of intentionally interfering with HolomaXx’s ability to send emails to Microsoft and Yahoo users who specifically requested to receive the messages.

As a result, the complaints claimed, Yahoo and Microsoft have disrupted HolomaXx’s contractual relationships and threatened its ability to survive as a business.

Moreover, the complaints alleged, Microsoft and Yahoo have “intentionally and recklessly disregarded HolomaXx’s repeated requests to cease their conduct and … have refused to provide any information that would permit HolomaXx to remedy the situation.”

In the Yahoo complaint, HolomaXx continued: “To add insult to injury, Yahoo has informed HolomaXx that it will only consider accepting emails from HolomaXx after a six-month waiting period, and only if HolomaXx ‘significantly changes’ its email policies—despite the fact that
HolomaXx is sending legitimate email, and Yahoo has explicitly refused to identify any actual problem with any emails sent by HolomaXx.”

In the Microsoft complaint, HolomaXx accuses the software giant of “knowingly [relying] on faulty automated filters, and equally faulty third-party information, to identify purported spam emails.”

HolomaXx claims its campaigns are permission based and Can-Spam compliant.

The firm seeks unspecified damages and attorney fees.

Both complaints were filed in federal court in San Jose, CA.

HolomaXx’s lawyer did not immediately return a call for comment.

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