"This company has the nasty habit of copying JupiterResearch's
original analysis and research without the permission of JR,"
explained Alan Meckler, Chairman and CEO of Jupitermedia
Corporation, in his personal web log.
EMarketer, according to its own advertising, "aggregates the
latest research data and analysis from over 1,700 sources" and is
"the world's leading aggregator of e-business and internet
statistics".
Jupitermedia says that one of these sources is its research
advisory arm, JupiterResearch. This is despite the fact that its
advisory reports are available only to customers through custom
order, subscription or individual purchase and are not generally
available to the public.
EMarketer is not authorised to access JupiterResearch reports
and has no license to distribute JupiterResearch data, says the
Darien, Connecticut-based company.
"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," said Meckler.
"Simply calling yourself an 'aggregator' does not permit one to
steal another's proprietary research and trade marks and sell them
as your own."
Jupitermedia sued eMarketer in the US District Court for the
Southern District of New York on 13th May, alleging copyright and
trademark infringement, and demanding an injunction and
damages.
The company announced yesterday that it has sent cease and
desist letters to eMarketer, claiming inducement to breach contract
and infringement of its copyright and database rights in both
France and the UK, where it expects to be ready to start legal
actions shortly. Europe has strong protections for databases that
are not found in the US.
