Individual Software Inc. Files Lawsuit Against Nova Development for False Advertising and Unfair Competition.
PLEASANTON, Calif.--(BUSINESS WIRE)--April 11, 2001
Individual Software Inc. (Individual Software), a leading developer and publisher of personal productivity and educational software, has filed a lawsuit against Nova Development Corporation (Nova), a competitor in the resume software market.
In the lawsuit, Individual Software alleges that Nova has engaged in deceptive and misleading advertising with its version 9 release of WinWay Resume Deluxe. Its suit is based in part on Nova's marketing claim that its software searches more than 7 million job openings, which Individual Software contends is inaccurate and misleading. It is Individual Software's belief that this marketing claim was designed to unseat the leader of the market and the innovator of online job searching features using a CD-ROM software product, Individual Software's ResumeMaker(TM) Deluxe 2001 Version 8.
Also of serious concern to Individual Software, as alleged in the lawsuit, is Nova's claim that WinWay Resume Deluxe is the "No. 1 Choice." According to PC Data, Individual Software's ResumeMaker has been the best-selling resume software based on dollar sales since 1999. Individual Software asserts, based on independent industry published reports, that its current ResumeMaker product is the No. 1 choice, not Nova's product.
Another calculated attempt to mislead consumers, as alleged in the lawsuit, is Nova's promotion that its WinWay Resume Deluxe product is "NEW! VERSION 9." The last product was released as version 6, and the version released prior to that was version 4. This marketing strategy of jumping version numbers is directly aimed at ResumeMaker, currently at version 8, which has been increasing its version numbers by one with each new release. Individual Software alleges that Nova's decision to skip version numbers is calculated to mislead consumers into believing that Nova's product has been updated more than Individual Software's ResumeMaker product, which is not true.
"The false and misleading statements made on the WinWay Resume packages with each new release have a disturbing pattern and cannot be left unchecked," said Jo-L Hendrickson, President and CEO of Individual Software. "This type of advertising and marketing causes confusion and frustration for consumers and damages Nova's competitors unfairly. We were forced to take action because Nova was unwilling to voluntarily make changes to the package of its new WinWay Resume Version 9 to address our concerns."
Individual Software entered the market for resume creation software in 1989, three years before the first WinWay Resume software appeared. Individual Software's ResumeMaker Deluxe Edition was the first product to use leading-edge technologies to offer job seekers powerful new features for creating professional resumes and using the Internet for searching for jobs, posting resumes to the World Wide Web and applying for jobs online.
Since its inception in 1981, Individual Software Inc. has demonstrated repeatedly its corporate mission of bringing original and innovative solutions to the market. The company's line of more than 60 titles includes ResumeMaker, Typing Instructor Deluxe, AnyTime Deluxe, the Professor Teaches Series, the Quick & Easy Series, and the Individual Training Series for network and intranet-deliverable corporate computer-based training (CBT). Individual Software also recently introduced ResumeMaker.com and eLearningToday.com, software services available to consumers and corporations on the Internet.
Individual Software's World Wide Web address is http://www.individualsoftware.com.
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|Date:||Apr 11, 2001|
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