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Press Releases
IRVINE, CA--(Marketwire), 3 June 2010 -- Maximum Availability won a preliminary injunction in a false advertising lawsuit against Vision Solutions, Inc. Maximum Availability filed its false advertising lawsuit against Vision in the United States District Court, and it is now pending in the Central District of California. Maximum Availability then asked the Court to issue an order enjoining further use of the allegedly false advertisements and compelling Vision to send a corrective notice out to those who received the advertisements. The Federal District Court found that Vision Solutions distributed comparative marketing materials that contained at least two literally false statements about Maximum Availability. The Court directed that Vision must immediately cease further distribution of its comparative marketing documents and within five business days of the Court Order must also issue a notice to all those, worldwide, who had received the false marketing materials including, among others, all Vision employees involved in sales and marketing to customers and potential customers, certain individuals at Sirius Computer Solutions, Inc. and all of Vision's other third-party resellers, notifying them not to use those documents and specifically warning them not to represent, among other things, the false statements that Maximum Availability lacked 24/7 global customer support or that Vision had replaced Maximum's software at over eighty customers. "While we are very disappointed that we have had to take this action we are pleased with the US District Court's preliminary injunction. We take pride in providing a premium high availability solution for the IBM i platform and in ensuring that we provide high quality support around the clock. The false claims by Vision that we do not provide 24x7 support and that they have replaced our software at over eighty customers were very harmful, unlawful and left us with no option but to take measures to set the record straight," says Allan Campbell, CEO of Maximum Availability. Vision Solutions is headquartered in Irvine, California, USA and is privately held by Thoma Bravo, LLC. Vision sells a range of high availability products including iTERA, MIMIX, EchoCluster and Double-Take software. Maximum Availability ("Maxava") is a worldwide provider of innovative high availability and disaster recovery software solutions for IBM i on Power Systems (formerly AS/400, iSeries, System i) that are sold under the *noMAX brand. Customers have been using *noMAX software for a decade to ensure business continuity, reduce risk and meet regulatory requirements. Maximum Availability's software ensures business resilience for a cross section of the world's most demanding IBM i customers through SaaS, Cloud, Subscription and traditional licensed software models. Maximum Availability is privately held and is headquartered in Auckland, New Zealand with staff and customers located worldwide. For more information visit http://www.maxava.com. Media Contacts: Dan Chmielewski Madison Alexander Public Relations Phone: 714-832-8716 Submitted by Marketwire, Marketwire on Thursday, 3 June 2010 at 6:07 PM Category: Legal/Law |
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