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Court Order Clears Way for Consumer Credit Scoring Trial.


Court denies motions by Experian, TransUnion and VantageScore Solutions to dismiss claims of Trademark Infringement Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license).  and Unfair Competition

MINNEAPOLIS -- In a case brought by FICO FICO

See: Financing corporation
 (NYSE NYSE

See: New York Stock Exchange
:FIC FIC First International Computer
FIC Fogarty International Center (John E. Fogarty International Center for Advanced Study in the Health Sciences; National Institutes of Health)
FIC Fellowship for Intentional Community
) claiming trademark infringement, misleading consumer advertising and unfair competitive tactics by Experian, TransUnion and VantageScore Solutions, the United States District Court United States District Court

In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court.
 in Minneapolis has denied the defendants' motions to dismiss FICO's trademark infringement, unfair competition and passing off claims, clearing the way for the case to be brought to trial later this year.

"This suit is about two things: fairness and consumer protection," said Mark Greene This article is about the ER character. For other similarly-named people, see Mark Green (disambiguation).
Dr. Mark Greene was a fictional medical doctor from the television series ER. He was portrayed by Anthony Edwards.
, chief executive officer at FICO. "At a time when consumers most need clarity regarding their creditworthiness Creditworthiness

The condition in which the risk of default on a debt obligation by that entity is deemed low.


Creditworthiness

Eligibility of an individual or firm to borrow money.
, it's imperative that they understand whether or not the credit scores they purchase are industry-standard FICO([R]) scores, or merely lookalike "educational" scores not actually used by lenders to make lending decisions."

FICO is the developer of the industry-standard FICO([R]) score, which is used by the vast majority of lenders to make credit decisions. Consumers have several ways of viewing their own FICO score FICO Score

A standard credit score which makes up a substantial portion of a credit report that credit bureaus sell to lenders so they can asses an applicant's credit risk and whether to extend them credit.
, including through the myFICO.com website, which also contains free information about how to manage one's credit health.

FICO has long maintained that advertising and other methods used by Experian, TransUnion and VantageScore Solutions deliberately confuse consumers into purchasing other, little-used credit scores under the false belief that they are FICO([R]) scores, or that the scores they buy from these companies are used by their lenders to make credit decisions - neither of which is the case.

These little-used educational scores generally differ significantly from a consumer's actual FICO([R]) score, often misleading consumers into believing they have higher or lower FICO scores, and thus creditworthiness, than is actually the case. At a time when many consumers are struggling to understand their creditworthiness and obtain credit, such deception can be extremely harmful.

In addition to denying the defendants' motions for dismissal of FICO's trademark infringement, unfair competition, and passing off claims, the Court granted the defendants' motions for dismissal of other antitrust, contract, and certain false advertising claims. With respect to the antitrust claims, the Court's finding was largely based on VantageScore's lack of adoption in the lending marketplace, and thus a lack of any injury to FICO. Because the decision was based on FICO's lack of injury, the Court did not rule on the legality of VantageScore. The Court noted that there may be a claim that VantageScore constitutes an illegal presence in the market, but held that FICO's lack of injury precluded it from pursuing its claim at this time. FICO believes strongly in the merits of each of its claims, including that VantageScore remains an illegal presence in the market, and will continue to pursue these claims through an appeal following the upcoming trial.

About FICO

FICO (NYSE:FIC) transforms business by making every decision count. FICO's Decision Management solutions combine trusted advice, world-class analytics and innovative applications to give organizations the power to automate, improve and connect decisions across their business. Clients in 80 countries work with FICO to increase customer loyalty and profitability, cut fraud losses, manage credit risk, meet regulatory and competitive demands, and rapidly build market share. FICO also helps millions of individuals manage their credit health through the www.myFICO.com website. Learn more about FICO at www.FICO.com.

FICO Statement Concerning Forward-Looking Information

Except for historical information contained herein, the statements contained in this news release that relate to FICO or its business are forward-looking statements within the meaning of the "safe harbor Safe Harbor

1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated.

2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive.
" provisions of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and  of 1995. These forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially, including the success of the Company's Decision Management strategy and reengineering plan, the maintenance of its existing relationships and ability to create new relationships with customers and key alliance partners, its ability to continue to develop new and enhanced products and services, its ability to recruit and retain key technical and managerial personnel, competition, regulatory changes applicable to the use of consumer credit and other data, the failure to realize the anticipated benefits of any acquisitions, continuing material adverse developments in global economic conditions, and other risks described from time to time in FICO's SEC reports, including its Annual Report on Form 10-K Form 10-K

A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information.


Form 10-K

See 10-K.
 for the year ended September 30, 2008, and its quarterly report on Form 10-Q Form 10-Q

See 10-Q.
 for the period ended June 30, 2009. If any of these risks or uncertainties materializes, FICO's results could differ materially from its expectations. FICO disclaims any intent or obligation to update these forward-looking statements.

FICO is a registered trademark of Fair Isaac Fair Isaac Corporation (NYSE: FIC), founded in 1956 by engineer Bill Fair and mathematician Earl Isaac, provides consulting services and enterprise decision management systems.  Corporation.
COPYRIGHT 2009 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2009 Gale, Cengage Learning. All rights reserved.

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Publication:Business Wire
Date:Jul 27, 2009
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