News

posted on 12 August 2008 10:28

Asigra is suing Robobak supplier RoboDRS for libel and acting with malice  in its 'So long Asigra'  marketing campaign aimed at capturing Asigra customers.

Both are Canada-based companies supplying backup products for remote and branch offices. Asigra's is called TeleVaulting and RoboDRS' is called Robobak.

On July 21 RoboDRS press released its So Long Asigra campaign mentioning things like: "... double-digit price increases for existing products that hit you from out of the blue? Looking for another way to protect your corporate-critical data that won't leave you seething in anger?" It is pretty aggressive stuff.

The action has been filed in the Ontario Superior Court of Justice in Toronto, Canada, and alleges that RoboDRS LLC, distributors of Robobak software, its CEO Ron Roberts, another RoboDRS officer and its public relations agency of record defamed Asigra’s Televaulting software in two press releases.

Asigra makes four specific allegations in its suit:

- In the press release published on its website and through industry newswire services in July 2008, RoboDRS LLC and the other defendants made false and misleading statements disparaging Asigra’s products and services;
- In the same press release, RoboDRS LLC and the other defendants made false and misleading statements about Asigra’s relations with its customers;
- RoboDRS LLC and the other defendants allegedly acted with malice toward Asigra Inc.;
- RoboDRS LLC refused to remove the offending press releases even after Asigra Inc. gave notice of its intention to sue for libel.

Asigra also claims that RoboDRS and its public relations agency aggravated the defamation of Asigra by falsely announcing that “a top executive at Asigra” had recommended Robobak software.

Interestingly Ron Roberts, RoboDRS' CEO, is a former distributor of Asigra’s software products. RoboDRS introduced Robobak software into the backup market just over a year ago, in June 2007, but didn't write the software itself. Robobak software is produced under white label by Visionworks Solutions, another Canadian company in Windsor, Ontario. That company is not being targeted by Asigra.

David Farajun, Asigra CEO, said: "It is regrettable that some companies and individuals resort to such tactics. We have worked for 22 years to develop Asigra software with innovation, quality, service and honesty. We are committed to aggressively defending Asigra’s brand and reputation and its leading position in the backup and recovery industry."

Asigra is demanding retraction of the press releases from all websites and an injunction against further defamatory statements; a written apology; judgment against the defendants for damages to be determined; punitive and aggravated damages, as well as lawyers’ fees and costs. None of the allegations in the lawsuit have yet been proven in court.

Retraction from all websites will be a difficult thing to accomplish. Punitive and aggravated damages sound horrendously threatening for a new company. RoboDRS could be bankrupted. Perhaps it will turn tail and do what Asigra asks in a negotiated settlement.

^{[Martin Edwards, news writer.]}