Jupitermedia today announced it has sent cease and desist letters to eMarketer Inc. claiming inducement to breach contract and infringement of its copyright and database rights in both France and the United Kingdom.
Jupitermedia expects to be in a position to commence legal proceedings against eMarketer in both of those countries shortly. This latest action is in addition to legal action commenced against eMarketer in the United States District Court for the Southern District of New York on May 13, 2004, alleging copyright and trademark infringement, and other causes of action where Jupitermedia seeks injunctive relief to force eMarketer to cease its unauthorized acts, as well as monetary damages to be determined at trial.
JupiterResearch is a leading international research advisory specializing in business and technology market research. Backed by proprietary data, JupiterResearch’s industry-specific analysis, competitive insight and strategic advice give businesses the tools to exploit new technologies and business processes. JupiterResearch reports and data are available only to customers through custom order, subscription or individual purchase and are not generally available to the public.
eMarketer claims to aggregate data from many sources, including JupiterResearch. However, eMarketer is not authorized to access JupiterResearch reports and has no license to distribute JupiterResearch data. “eMarketer is free-riding on the efforts of companies like Jupitermedia, which devote enormous financial and other resources to creating industry-leading research and analysis,” stated Alan M. Meckler, Chairman and CEO of Jupitermedia Corporation. “Simply calling yourself an ‘aggregator’ does not permit one to steal another’s proprietary research and trademarks and sell them as your own,” added Meckler.
Despite Jupitermedia’s attempts to resolve this matter, eMarketer has refused to cease its publication of JupiterResearch proprietary data, has refused to identify its source for obtaining access to these proprietary materials and has refused to compensate Jupitermedia. eMarketer’s continued unauthorized acts required that Jupitermedia bring this matter before the courts.
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