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BERTL's Response to Xerox's Defamation Lawsuit

12 Jul, 2002

BERTL's Response to Xerox's Defamation Lawsuit

In the early part of 2002, BERTL instructed lawyers (Phillips Nizer, LLP located in NYC) to act in relation to complaints against Xerox by BERTL. These relate to copyright infringement, trademark infringement, trademark dilution, unfair competition, licensing breaches and other violations involving BERTL's intellectual property.


Yesterday, in what BERTL considers a pre-emptive strike, Xerox launched a lawsuit against BERTL (supported by a Xerox Press and PR Campaign).


The Xerox Corporation (USA) lawsuit claims, among other things, that BERTL substantially modified a two-sided document (that was created by Xerox Canada Limited for internal purposes to educate its Canadian sales personnel) prior to sending the document to third parties and defaming Xerox.


Xerox's allegations are baseless.

1. The Xerox document was widely circulated in the USA and elsewhere, prior to being faxed to BERTL.

2. The document was sent to BERTL by an IT Buyer working for a major USA company who advised it was provided to the company by Xerox.

3. The experiences of the IT buyer, contradicts Xerox's claim that (a) the document was internal (b) merely used by Xerox, Canada for internal educational purposes (c) BERTL modified the document and defamed Xerox.

4. For those of you who know BERTL, you will know that we are very straight talking. IT buyers and others are sending documents to BERTL. If those documents are not BERTL originals, or BERTL authorized, we have a legal right to state this.

Xerox's lawsuit confirms an apprehension that BERTL will file an action against Xerox and that such action will be based around claims of unauthorized derivative work by Xerox, unauthorized access to BERTL reports by persons not covered under license, the use of quotes and other portions of BERTL copyrighted material in excess of Xerox's rights and that Xerox has made misleading claims regarding BERTL awards.

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