• The Four Hundred
  • Subscribe
  • Media Kit
  • Contributors
  • About Us
  • Contact
Menu
  • The Four Hundred
  • Subscribe
  • Media Kit
  • Contributors
  • About Us
  • Contact
  • Maxava And Vision Reach Settlement in Lawsuit

    April 21, 2014 Alex Woodie

    IBM i high availability software vendors Maxava and Vision Solutions have reached a settlement in their four-and-a-half year legal fight. By giving up on the accusations of violation of state law, Maxava is now free to appeal a judge’s earlier decision to throw out the part of its lawsuit relating to violations of federal law.

    In late December 2013, Maxava and the three defendants in the case–Vision Solutions, Sirius Computer Solutions, and former Vision employee Eva Succi–submitted settlement papers that Judge George Wu subsequently signed.

    As part of Judge Wu’s order, Maxava withdrew its claims against the defendants relating to violations of California’s Unfair Competition Law (UCL) and False Advertising Law (FAL). Those were the only two claims left, after Judge Wu in May 2013 dismissed two other claims relating to accusations of violations of the federal Lanham Act against trademark infringement and accusations of trade libel.

    In return, Vision and the other defendants agreed to abide by the May 2010 preliminary injunction that barred them distributing the advertising and marketing material that Maxava found so offensive, at least until any appeals are finished or the case returns to U.S. District Court.

    Maxava’s decision to give up on the state claims allows it to go back to fighting for the federal claims, which are of a more serious nature. It is not known whether Maxava is taking steps to appeal Judge’s Wu’s May 2013 dismissal of the federal claims. The company did not respond to requests for comment by this newsletter’s deadline.

    If Maxava does take this to the 9th Circuit Court of Appeals, it will need to prove that Judge Wu was wrong in siding with Vision in throwing out the claims. According to court papers, Judge Wu was not sufficiently swayed by Maxava’s argument of Lanham Act violations and trade libel. Wu wrote in 2012 that, to prove a Lanham Act violation, the burden is on the plaintiff to prove that the misrepresentations in commercial advertising or promotion denigrate “the nature, characters, qualities, or geographic origin” of the plaintiff’s products or services.

    To meet this burden of proof, Maxava needed to present evidence beyond just a number of customers who may have switched from its products to Vision’s products, according to the judge. He questioned whether Vision’s marketing statements regarding Maxava’s “limited support staff” and an “immature partner network” actually damaged Maxava’s business. Instead, he labeled it “puffery” and “opinion” and not actionable as a matter of law.

    Judge Wu did side with Maxava on some matters. He said that Vision’s claim that Maxava offers “little or no 24×7 support (only available in New Zealand)” is “problematic.” Wu added that Maxava had not met the burden of disproving additional statements, such as Vision’s claim that *noMAX (as Maximum Availability’s product was then known) took more than 30 minutes per day to manage.

    RELATED STORIES

    ‘Puffery’ Claim Leads to Another Delay in Maxava-Vision Trial

    Judge Throws Out Half Of Maxava’s Lawsuit Against Vision

    Maxava Versus Vision Solutions Trial Date Delayed Again

    Vacation Plans Get in the Way of Maxava v. Vision Trial

    Trial Date Set in Vision-Maxava Case

    Judge Tentatively Rules For Vision In Maxava False Advertising Suit

    Vision and Maxava Prep for November Trial

    Judge Issues Protective Order in Maxava Versus Vision Solutions Suit

    Maxava Widens Vision Lawsuit, Sues Sirius

    Maximum Availability Sues Vision Solutions Over Advertising Claims



                         Post this story to del.icio.us
                   Post this story to Digg
        Post this story to Slashdot

    Share this:

    • Reddit
    • Facebook
    • LinkedIn
    • Twitter
    • Email

    Tags:

    Sponsored by
    IBM

    Refurbish, Reuse, Recycle: A Sustainable approach for IT

    62% of executives considering a sustainability strategy find it essential in order to be competitive (1). As organizations focus more on sustainability, the utilization of remanufactured IT continues to grow in relevance.

    When off-lease IBM® assets cannot be directly reused, they are refurbished, recycled or remanufactured through rigorous processes and original manufacturing standards, and then resold as IBM Certified Pre-Owned servers, storage, parts and features.

    Accelerate your hybrid cloud and AI project with IBM Certified Pre-Owned while helping meet your environmental goals.

    Explore our inventory of IBM Certified Pre-Owned servers, storage, parts and features.

     

    (1) Sustainability as a business strategy IBM Institute for Business Value

    Share this:

    • Reddit
    • Facebook
    • LinkedIn
    • Twitter
    • Email

    Admin Alert: Elements Of An IBM i Incident Management Plan, Part 2 Avoiding Application Modernization Disasters

    Leave a Reply Cancel reply

Volume 24, Number 14 -- April 21, 2014
THIS ISSUE SPONSORED BY:

ProData Computer Services
HelpSystems
BCD
Essextec
RJS Software Systems

Table of Contents

  • IBM i TR8, Database Driven
  • Power Systems: Look Ahead, Don’t Look Back
  • Java On IBM i 7.1 Brings JVM Migrations
  • Mad Dog 21/21: When Oxford Was Obnoxford
  • IBM Enhances I/O On Power7 And Power7+ Machines
  • IBM Pulls The Plug On Some More Power Iron
  • Maxava And Vision Reach Settlement in Lawsuit
  • SAP Continues To Soar In The First Quarter
  • Gartner Says Take A Hard Look At App Dev And Maintenance
  • IBM Italy Gives Power-To-Pure Migration Rebate

Content archive

  • The Four Hundred
  • Four Hundred Stuff
  • Four Hundred Guru

Recent Posts

  • Need An RPG Programmer? Nalashaa May Have You Covered
  • Every Day Has To Be Earth Day
  • Guru: Compare Pieces Of Source Members
  • As I See It: Ambivalence
  • IBM i PTF Guide, Volume 23, Number 16
  • Query Supervisor Gives Database Engineers New Power
  • IBM Unveils New and Improved IBM i Services
  • 3 Takeaways from the 2021 PowerTech Security Report
  • Four Hundred Monitor, April 14
  • IBM i PTF Guide, Volume 23, Number 15

Subscribe

To get news from IT Jungle sent to your inbox every week, subscribe to our newsletter.

Pages

  • About Us
  • Contact
  • Contributors
  • Four Hundred Monitor
  • IBM i PTF Guide
  • Media Kit
  • Subscribe

Search

Copyright © 2021 IT Jungle

loading Cancel
Post was not sent - check your email addresses!
Email check failed, please try again
Sorry, your blog cannot share posts by email.