SOURCE: BuzzMetrics

March 29, 2005 13:33 ET

New Media Strategies Lawsuit Against BuzzMetrics Dismissed by Court

Meritless Lawsuit Dismissed Even Prior to Discovery Process

NEW YORK, NY -- (MARKET WIRE) -- March 29, 2005 -- A Virginia court dismissed a trade secrets lawsuit filed by New Media Strategies (NMS) against BuzzMetrics, the leading word-of-mouth research and planning firm.

The Honorable Benjamin N.A. Kendrick granted a motion for dismissal by BuzzMetrics, following oral argument by each side. Judge Kendrick concluded that a non-disclosure document submitted by NMS in support of its case against BuzzMetrics instead had the effect of defeating NMS's trade-secret claim.

"Judge Kendrick agreed with our analysis that New Media Strategies' lawsuit had absolutely no merit," said Jonathan Carson, president and CEO, BuzzMetrics. "In our opinion, the lawsuit represents a mean-spirited effort to ride on the coattails of another's success and to stifle legitimate competition. The frivolous lawsuit was also accompanied by a calculated smear campaign to erode BuzzMetrics' leadership and credibility in the market, and it failed."

Despite counter-attempts, the court held that NMS' case against BuzzMetrics and several individual defendants could not survive a motion to dismiss, even before the legal discovery process was initiated. The court refused to permit NMS to re-file the case.

Carson added, "New Media Strategies' smear campaign against BuzzMetrics included an accusatory news release it tried to support with the allegations in the now-dismissed lawsuit. We believe NMS widely disseminated this information over the Internet and via digital newswire networks, including a corporate blog NMS controls. It is obvious to us that these tactics served no purpose other than to adversely manipulate Internet search results for BuzzMetrics among its customers and other key stakeholders."

About BuzzMetrics

BuzzMetrics, the leader in word of mouth research and planning, and co-founder of the Word of Mouth Marketing Association (WOMMA), helps Fortune 1000 companies strategically leverage the buzz surrounding their businesses. BuzzMetrics' client list includes 14 of the top 15 pharmaceutical companies, as well as global leaders in virtually every industry -- companies like General Motors, Comcast, Mazda, Jetblue and Hewlett-Packard. Founded in 1999, BuzzMetrics spent two years of intense research and development creating its proprietary Discussion Miner software, followed by two more years of limited client services and pilot work to create a pitch-perfect set of skills and services. Since its full launch in 2003, BuzzMetrics has been redefining what is possible with word of mouth. For more information, please visit www.buzzmetrics.com.

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