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HYPERTOUCH, INC. v. VALUECLICK, INC.

No. B218603.

191 Cal.App.4th 1209 (2011)

HYPERTOUCH, INC., Plaintiff and Appellant, v. VALUECLICK, INC., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Seven.

January 18, 2011.

Attorney(s) appearing for the Case

Steptoe & Johnson, Richard K. Willard , Lawrence P. Riff and Lynn R. Levitan , for Plaintiff and Appellant.

Gibson, Dunn & Crutcher, Daniel M. Kolkey , Kevin Rosen and S. Ashlie Beringer , for Defendants and Respondents ValueClick Inc., E-Babylon, Inc., Hi-Speed Media, Inc., VC E-Commerce Solutions, Inc., Webclients, Inc., and Commission Junction, Inc.

Kenoff & Machtinger and Leonard S. Machtinger for Defendant and Respondent PrimaryAds, Inc.

OPINION

ZELON, J.—

INTRODUCTION

Appellant Hypertouch, Inc. (Appellant), filed an action alleging that ValueClick, Inc., various ValueClick subsidiaries and PrimaryAds, Inc. (Respondents), violated Business and Professions Code section 17529.5,1 subdivision (a), which prohibits entities from advertising in a commercial electronic message that...

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