JUPITERMEDIA SUES eMARKETER INC. FOR COPYRIGHT AND TRADEMARK INFRINGEMENT
(New York, NY - August 31, 2004) -- Jupitermedia Corporation (Nasdaq: JUPM), 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.
About Jupitermedia Corporation
Jupitermedia Corporation (Nasdaq: JUPM), (www.jupitermedia.com)
headquartered in Darien, CT, is a leading global provider of original information, images, research and events for information technology, business and creative professionals. JupiterWeb, the online division of Jupitermedia, operates four distinct online networks: internet.com and EarthWeb.com for IT and business professionals; DevX.com for developers; and ClickZ.com for interactive marketers. JupiterWeb properties include more than 150 Web sites and over 150 e-mail newsletters that are viewed by approximately 20 million users and generate approximately 300 million page views monthly. Jupitermedia also includes: JupiterImages, one of the leading images companies in the world with over 3.5 million images online serving creative professionals with products like Comstock Images, Thinkstock Images, Photos.com and ClipArt.com; JupiterResearch, a leading international research advisory organization specializing in business and technology market research in 18 business areas and 14 vertical markets; and JupiterEvents, which produces offline conferences and trade shows focused on IT and business-specific topics, including Search Engine Strategies and Wi-Fi Planet.
"Safe Harbor" Statement under the Private Securities Litigation Reform Act of 1995: Statements in this press release which are not historical facts are "forward-looking statements" that are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from those described in the forward-looking statements. The potential risks and uncertainties address a variety of subjects including, for example, the competitive environment in which Jupitermedia competes; the unpredictability of Jupitermedia's future revenues, expenses, cash flows and stock price; Jupitermedia's ability to integrate acquired businesses, products and personnel into its existing businesses; Jupitermedia's dependence on a limited number of advertisers; and Jupitermedia's ability to protect its intellectual property. For a more detailed discussion of such risks and uncertainties, refer to Jupitermedia's reports filed with the Securities and Exchange Commission pursuant to the Securities Act of 1933 and the Securities Exchange Act of 1934. The forward-looking statements included herein are made as of the date of this press release, and Jupitermedia assumes no obligation to update the forward-looking statements after the date hereof.
