America Online (AOL), an ISP, sued TSF Marketing and Joseph Melle, who founded TSF. AOL claimed that Melle and TSF sent spam to AOL subscribers. The e-mail contained the letters “aol.com” in the headers. AOL claimed that the e-mail totaled some 60 million messages over a 10-month period. Melle allegedly continued the mailings after he was notified in writing by AOL to stop. AOL received over 50,000 complaints from subscribers. AOL claimed, among other things, that Melle had diluted its trademark. 122 The case arose before the passage of the CAN-SPAM Act. Would Melle have been liable under that act? Explain.