Printer Friendly

RODALE PRESS FILES LEGAL SUIT AGAINST LOUIS HARRIS AND ASSOCIATES FOR COPYRIGHT VIOLATIONS, UNFAIR BUSINESS PRACTICES

 PHILADELPHIA, April 21 /PRNewswire/ -- Rodale Press, the nation's leading publisher of health and fitness magazines and books including such well-known titles as Prevention(R) magazine, filed a legal suit earlier this week against the polling organization Louis Harris and Associates for three counts of improper use of the copyright and trademark of the "Prevention Index(R)," the magazine's annual survey on the nation's preventive health behavior.
 In addition, the suit (Rodale Press Inc. v. Louis Harris and Associates Inc., and Baxter International Inc.), which was filed in the U.S. District Court for the Eastern District of Pennsylvania, also charges Louis Harris and Associates with unfair competition for using the "Prevention Index" data earlier in connection with the release in March of the "Baxter Survey," sponsored by Baxter International Inc., a manufacturer and distributor of healthcare products.
 The suit was filed on behalf of Rodale Press by the law firm of Gross, McGinley, LaBarre & Eaton, and names both Harris and Baxter as defendants in the case. Rodale is seeking compensatory and punitive damages in excess of $1 million from the defendants.
 The decision to file the legal complaint was made in March after Louis Harris and Associates and Baxter publicly released the findings of a report entitled the "Baxter Survey," which used both data and questions from the annual "Prevention Index".
 The "Baxter Survey" included not only findings and questions from earlier "Prevention Index" reports, it specifically stated that these findings appeared in the annual survey, conducted for "Prevention" magazine by Louis Harris and Associates.
 -- Case Background
 Following the release of the "Prevention Index" in June 1992, Rodale sought bids from other polling organizations in addition to Harris to conduct the survey for the 10th year of the report in 1993. After an extensive search, a decision was made to use the services of another polling organization for the 1993 "Prevention Index," and to discontinue using the services of Louis Harris and Associates.
 When informed of the decision to use another polling organization for the 1993 "Prevention Index," the suit alleges that Harris "threatened to take the 'Prevention Index' to someone else."
 According to Rodale's complaint, the timing of the release to the media of the "Baxter Survey" and Harris' decision to use the findings of previous "Prevention Index" surveys was made with the direct intent of harming the annual release of the "Prevention Index" in late May to early June.
 As stated in fourth count of the five-count suit, Harris "because of its longstanding and confidential relationship with Rodale, knew of the timing, procedures, methodology and other confidential information of Rodale relative to the 'Prevention Index,'" and with this knowledge purposefully acted with the intention to "inflict harm on Rodale."
 Rodale asserted that it is obvious to anyone who reviews the "Baxter Survey" and compares it with the annual "Prevention Index" that the Harris organization was simply attempting to cause harm to Rodale for its decision to use another polling organization. Rodale said it believes that releasing these findings to the public through the news media as well as its general distribution in March was done for no other purpose than to diminish the impact of the annual "Prevention Index," which is used by policy and decision-makers at all levels of government in developing the nation's health care policy.
 Prior to the release of last year's report in June, then President Bush cited the "Prevention Index" during a major speech on health care policy reform. "When the President of the United States refers to the 'Prevention Index' and uses it as a source of information, it is a definitive statement of the vital role it plays as a benchmark for preventative health behavior," said Patrick Taylor, spokesperson for Rodale.
 Finally, the suit seeks not only compensatory damages from the defendants, but also seeks to cease all current and future distribution of the "Baxter Survey."
 "Prevention," the nation's leading health magazine with more than 11 million readers, is published by Rodale Press. Other well-known Rodale publications include "Bicycling(R)," "Backpacker(R)," "Runner's World(R)," and "Men's Health(R)."
 /delval/
 -0- 4/21/93
 /CONTACT: Gary Pave or Patrick Taylor of Rodale Press, 215-967-8621/


CO: Rodale Kaufman House ST: Pennsylvania IN: PUB SU:

JM-MP -- PH022 -- 8850 04/21/93 14:39 EDT
COPYRIGHT 1993 PR Newswire Association LLC
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1993 Gale, Cengage Learning. All rights reserved.

Article Details
Printer friendly Cite/link Email Feedback
Publication:PR Newswire
Date:Apr 21, 1993
Words:711
Previous Article:HAGGAR ANNOUNCES 18 PERCENT EARNINGS INCREASE; DECLARES DIVIDEND
Next Article:ALCO INTERNATIONAL GROUP INC.
Topics:


Related Articles
$10,000,000 SUIT FILED AGAINST SAFEGUARD BUSINESS SYSTEMS INC.
EASTERN ASSOCIATED COAL CORP. FILES ADDITIONAL CHARGES WITH NLRB AGAINST UMWA; CITES BLOCKED, DAMAGED VEHICLES
PREATE SUES PHILADELPHIA CONTRACTOR; SEEKS $4,785 FOR CONSUMERS
DCA/BAR Revokes Registration for Company-Owned Econo Lube N' Tunes.
Teamsters Reports: Four More Overnite Decertification Petitions Dismissed by the NLRB.
TriPath Pursues Antitrust Countersuit Against Cytyc.
AG Fisher Sues Pennsylvania-based U.S. Constitution Task Force Founder for Unauthorized Practice of Law.
CITY, COUNTY TARGET GUN MAKERS; L.A. LAWSUITS SEEK FINES FOR ILLEGAL SALES, HEALTH COSTS.
ABC Hails Major U.S. Supreme Court Victory for Merit Construction Contractors; Court Protects Rights of Employers to Sue Unions as Long as Suit Is...

Terms of use | Copyright © 2017 Farlex, Inc. | Feedback | For webmasters