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FOR IMMEDIATE
RELEASE
Jupitermedia Sues eMarketer Inc. for Copyright and Trademark Infringement
NEW YORK, NY - September 1, 2004 (INB) -- Jupitermedia
Corporation (Nasdaq: JUPM), yesterday announced it has sent cease
and desist letters to eMarketer, Inc., claiming inducement to
breach contract and infringement of its copyright and
database rights in both France and the United Kingdom.
Jupitermedia expects to be in a position to commence legal
proceedings against eMarketer in both of those countries
shortly. This latest action is in addition to legal action
commenced against eMarketer in the United States District
Court for the Southern District of New York on May 13, 2004,
alleging copyright and trademark infringement, and other
causes of action where Jupitermedia seeks injunctive relief
to force eMarketer to cease its unauthorized acts, as well as
monetary damages to be determined at trial.
JupiterResearch is a leading international research advisory
specializing in business and technology market research.
Backed by proprietary data, JupiterResearch's industry-
specific analysis, competitive insight and strategic advice
give businesses the tools to exploit new technologies and
business processes. JupiterResearch reports and data are
available only to customers through custom order, subscription
or individual purchase and are not generally available to the
public.
eMarketer claims to aggregate data from many sources,
including JupiterResearch. However, eMarketer is not
authorized to access JupiterResearch reports and has no
license to distribute JupiterResearch data. "eMarketer is
free-riding on the efforts of companies like Jupitermedia,
which devote enormous financial and other resources to
creating industry-leading research and analysis," stated Alan
M. Meckler, Chairman and CEO of Jupitermedia Corporation.
"Simply calling yourself an 'aggregator' does not permit one
to steal another's proprietary research and trademarks and
sell them as your own," added Meckler.
Despite Jupitermedia's attempts to resolve this matter,
eMarketer has refused to cease its publication of
JupiterResearch proprietary data, has refused to identify its
source for obtaining access to these proprietary materials and
has refused to compensate Jupitermedia. eMarketer's continued
unauthorized acts required that Jupitermedia bring this matter
before the courts.
About Jupitermedia Corporation
Jupitermedia Corporation (Nasdaq: JUPM)
(www.jupitermedia.com), headquartered in Darien, CT, is
a leading global provider of original information, images,
research and events for information technology, business and
creative professionals. JupiterWeb, the online division of
Jupitermedia, operates four distinct online networks:
internet.com and EarthWeb.com for IT and business
professionals; DevX.com for developers; and ClickZ.com for
interactive marketers. JupiterWeb properties include more than
150 Web sites and over 150 e-mail newsletters that are viewed
by approximately 20 million users and generate approximately
300 million page views monthly. Jupitermedia also includes:
JupiterImages, one of the leading images companies in the
world with over 3.5 million images online serving creative
professionals with products like Comstock Images, Thinkstock
Images, Photos.com and ClipArt.com; JupiterResearch, a leading
international research advisory organization specializing in
business and technology market research in 18 business areas
and 14 vertical markets; and JupiterEvents, which produces
offline conferences and trade shows focused on IT and business-
specific topics, including Search Engine Strategies and Wi-Fi
Planet.
"Safe Harbor" Statement under the Private Securities Litigation
Reform Act of 1995: Statements in this press release which are
not historical facts are "forward-looking statements" that are
made pursuant to the safe harbor provisions of the Private
Securities Litigation Reform Act of 1995. Such forward-looking
statements involve risks and uncertainties that could cause
actual results to differ materially from those described in the
forward-looking statements. The potential risks and
uncertainties address a variety of subjects including, for
example, the competitive environment in which Jupitermedia
competes; the unpredictability of Jupitermedia's future
revenues, expenses, cash flows and stock price; Jupitermedia's
ability to integrate acquired businesses, products and
personnel into its existing businesses; Jupitermedia's
dependence on a limited number of advertisers; and
Jupitermedia's ability to protect its intellectual property.
For a more detailed discussion of such risks and uncertainties,
refer to Jupitermedia's reports filed with the Securities and
Exchange Commission pursuant to the Securities Act of 1933 and
the Securities Exchange Act of 1934. The forward-looking
statements included herein are made as of the date of this
press release, and Jupitermedia assumes no obligation to
update the forward-looking statements after the date hereof.
All current JupiterResearch press releases can be found online
at www.jupiterresearch.com/bin/item.pl/press:releases/.
All current Jupitermedia Corporation press releases can be
found on the World Wide Web at
www.jupitermedia.com/corporate/press.html.
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