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IBM LAWSUIT ACCUSES PHOENIX COMPUTER ASSOCIATES OF SELLING COUNTERFEIT MEMORY CARDS

 IBM LAWSUIT ACCUSES PHOENIX COMPUTER ASSOCIATES
 OF SELLING COUNTERFEIT MEMORY CARDS
 WHITE PLAINS, N.Y., June 10 /PRNewswire/ -- In a lawsuit filed today, IBM (NYSE: IBM) accused Phoenix Computer Associates, Inc., a computer leasing company based in Westport, Conn., of selling counterfeit IBM computer memory.
 The suit, filed in U.S. District Court for the District of Connecticut, alleges that Phoenix has engaged in a practice of providing its customers with counterfeit memory cards for the IBM ES/3090(A) family of mainframe computers.
 The lawsuit accuses Phoenix of violating federal and state trademark laws, of unfair trade practices, and of unfair competition. Phoenix President Lawrence C. Erdmann also is named as a defendant in the lawsuit.
 IBM is seeking a court order barring Phoenix from engaging in the unlawful practices, and requiring Phoenix to tell its customers about the true nature of the cards. Monetary damages also are being sought.
 The action against Phoenix is one of several suits IBM has brought in recent months related to the counterfeiting of IBM memory cards, key components in IBM ES/3090 computers. Last October, in a suit filed in federal district court in Chicago, IBM made similar allegations against Comdisco, Inc., Rosemont, Ill.
 More recently, on May 1, IBM brought lawsuits against three other companies, alleging that they supplied counterfeit memory cards to computer leasing companies. The suits charged that the companies -- Datanon, Inc. of Carol Stream, Ill., Allen-Myland, Inc. of Broomall, Pa., and BSM Corporation of Roselle, Ill. -- knew or had reason to know that the leasing companies were passing the cards off as genuine IBM- manufactured memory cards. Anton Van Boven and Larry Allen, principals of Datanon and Allen-Myland, respectively, also were named as defendants.
 "These actions demonstrate IBM's continuing resolve to take whatever steps are necessary to protect our customers and stop this unlawful conduct," said David M. Thomas, IBM vice president and general manager, marketing, IBM United States.
 (A) -- Trademark or Registered Trademark of the International Business Machines Corporation.
 -0- 6/10/92
 /CONTACT: Ed Trapasso of IBM, 914-642-5359/
 (IBM) CO: IBM Corporation; Phoenix Computer Associates Inc. ST: New York, Connecticut IN: CPR SU:


CK -- NY044 -- 8817 06/10/92 12:11 EDT
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Publication:PR Newswire
Date:Jun 10, 1992
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