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CyberMedia® Wins Major Battle Against
Vertisoft/Quarterdeck
Court Issues Preliminary Injunction Against Vertisoft For
False, Misleading Advertising
SANTA MONICA, CA, (Aug 13, 1996) - CyberMedia®, maker of the best-selling
Microsoft Windows® 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 Corporation of Marina del Rey, California. The Court issued a Preliminary
Injunction 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, United States District
Judge Saundra B. Armstrong agreed with CyberMedia and issued a Temporary
Restraining Order (TRO) 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, 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, 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, CA. Phone:
(310) 581-4700. To order, call 1-800-PC-1st-AID (1-800-721-7824), 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).
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For more information:
Giselle Bisson
CyberMedia
310/581-4700
giselle@cybermedia.com
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