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CyberMedia wins major battle against Vertisoft/Quarterdeck.


SANTA MONICA Santa Monica (săn`tə mŏn`ĭkə), city (1990 pop. 86,905), Los Angeles co., S Calif., on Santa Monica Bay; inc. 1886. Tourism and retailing are important, and the city has motion-picture, biotechnology, and software industries. , Calif.--(BUSINESS WIRE)--Aug. 14, 1996-- CyberMedia, maker of the best-selling Microsoft Windows See Windows.

(operating system) Microsoft Windows - Microsoft's proprietary window system and user interface software released in 1985 to run on top of MS-DOS. Widely criticised for being too slow (hence "Windoze", "Microsloth Windows") on the machines available then.
 software product, First Aid 95, won a major battle on July 31 in its product packaging lawsuit against Vertisoft Systems Inc., recently acquired by Quarterdeck (Quarterdeck Corporation, Marina del Rey, CA) A pioneering software company, founded in 1983, that offered a variety of utilities, diagnostics, connectivity and Internet products for the PC and Macintosh.  Corp. of Marina del Rey, Calif.

The court issued a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits.

A preliminary injunction is regarded as extraordinary relief.
 against Vertisoft, barring Vertisoft from making certain claims in a comparison chart on its Fix-it product boxes, promotional materials and advertisements.

CyberMedia sued Vertisoft on July 19, claiming that Vertisoft made false and misleading statements concerning First Aid 95 Deluxe on the product packaging and promotional materials for Vertisoft's newly released product, Fix-it.

On that date, U.S. District Judge Saundra B. Armstrong agreed with CyberMedia and issued a temporary restraining order temporary restraining order: see injunction.  (TRO TRO - tail recursion optimisation ) ordering Vertisoft to cover the statements with a sticker before shipping any products, promotional materials or advertisements to distributors or retail stores.

The court's July 31 ruling turns the TRO into a preliminary injunction. While a TRO lasts only 10 to 20 days, a preliminary injunction lasts through trial. Since no trial date has been set in the case, the court's order against Vertisoft will last indefinitely.

In a separate ruling, the court rejected Vertisoft's motion for a preliminary injunction against CyberMedia, in which Vertisoft charged that CyberMedia's packaging also contained false and misleading statements.

"Judge Armstrong carefully analyzed the product packaging and after substantial consideration she determined that Vertisoft was not in a position to credibly attack the accuracy or quality of CyberMedia's product packaging," said Claude M. Stern, Esq. of Fenwick & West LLP LLP - Lower Layer Protocol , CyberMedia's legal counsel.

"We successfully stopped Vertisoft's misleading advertising claims and defended the claims on the First Aid box," said CyberMedia President and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. , Unni Warrier. "We are pleased that our reputation for delivering the best possible solution to personal computer problems has prevailed."

CyberMedia develops and markets products that provide automatic service and support for personal computer users. Founded in 1991, CyberMedia is privately held with company headquarters at: 3000 Ocean Park Blvd., Suite 2001, Santa Monica, Calif. Phone: 310/581-4700. To order, call 800/PC-1st-AID (800/721-7824), or visit the CyberMedia Web site.

For additional information on CyberMedia products, visit the CyberMedia Web page at http://www.cybermedia.com, America Online forum (keyword: CYBERMEDIA) or CompuServe forum (GO CYBERMEDIA).

CONTACT: CyberMedia

Lynn Kwit, 310/581-4700

lynn@cybermedia.com

or

Capital Relations

Tina Bradford, 805/494-0830

tbradford@caprel.com
COPYRIGHT 1996 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Aug 14, 1996
Words:400
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