• 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
    UCG Technologies

    CYBER-ATTACKS ON THE RISE. PROTECT WITH THE TRIPLE PLAY.

    COVID-19 has not only caused a global pandemic, but has sparked a “cyber pandemic” as well.

    “Cybersecurity experts predict that in 2021, there will be a cyber-attack incident every 11 seconds. This is nearly twice what it was in 2019 (every 19 seconds), and four times the rate five years ago (every 40 seconds in 2016). It is expected that cybercrime will cost the global economy $6.1 trillion annually, making it the third-largest economy in the world, right behind those of the United States and China.”1

    Protecting an organization’s data is not a single-faceted approach, and companies need to do everything they can to both proactively prevent an attempted attack and reactively respond to a successful attack.

    UCG Technologies’ VAULT400 subscription defends IBM i and Intel systems against cyber-attacks through comprehensive protection with the Triple Play Protection – Cloud Backup, DRaaS, & Enterprise Cybersecurity Training.

    Cyber-attacks become more sophisticated every day. The dramatic rise of the remote workforce has accelerated this trend as cyber criminals aggressively target company employees with online social engineering attacks. It is crucial that employees have proper training on what NOT to click on. Cyber threats and social engineering are constantly evolving and UCG’s Enterprise Cybersecurity Training (powered by KnowBe4) is designed to educate employees on the current cutting-edge cyber-attacks and how to reduce and eliminate them.

    A company is only as strong as its weakest link and prevention is just part of the story. Organizations need to have a quick response and actionable plan to implement should their data become compromised. This is the role of cloud backup and disaster-recovery-as-a-service (DRaaS).

    Data is a company’s most valuable asset. UCG’s VAULT400 Cloud Backup provides 256-bit encrypted backups to two (2) remote locations for safe retrieval should a cyber-attack occur. This is a necessary component of any protection strategy. Whether a single click on a malicious link brings down the Windows environment or an infected SQL server feeds the IBM i, once the data is compromised, there is no going back unless you have your data readily available.

    Recovery is not a trivial task, especially when you factor in the time sensitive nature of restoring from an active attack. This leads to the third play of the Triple Play Protection – DRaaS.  Companies have myriad concerns once an attack is realized and a managed service disaster recovery allows employees to keep focus on running the business in a crisis state.

    The combination of training employees with secure backup and disaster recovery offers companies the best chance at avoiding financial disruption in an age of stronger, more frequent cyber-attacks.

    Reach out to UCG Technologies to discuss your company’s security needs and develop a data protection plan that fits you best.

    ucgtechnologies.com/triple-play

     800.211.8798 | info@ucgtechnologies.com

     

    1. https://theconversation.com/cyberattacks-are-on-the-rise-amid-work-from-home-how-to-protect-your-business-151268

    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

  • Why Open Source Is Critical for Digital Transformation
  • mrc Refreshes IBM i Low-Code Dev Tool
  • Unit Testing Automation Hits Shift Left Instead of Ctrl-Alt-Delete Cash
  • Four Hundred Monitor, March 3
  • IBM i PTF Guide, Volume 23, Number 9
  • Doing The Texas Two Step From Power9 To Power10
  • PHP’s Legacy Problem
  • Guru: For IBM i Newcomers, An Access Client Solutions Primer
  • IBM i 7.1 Extended Out To 2024 And Up To The IBM Cloud
  • Some Practical Advice On That HMC-Power9 Impedance Mismatch

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.