"This company has the nasty habit of copying JupiterResearch's original analysis and research without the permission of JR," explained Alan Meckler, Chairman and CEO of Jupitermedia Corporation, in his personal web log.
EMarketer, according to its own advertising, "aggregates the latest research data and analysis from over 1,700 sources" and is "the world's leading aggregator of e-business and internet statistics".
Jupitermedia says that one of these sources is its research advisory arm, JupiterResearch. This is despite the fact that its advisory reports are available only to customers through custom order, subscription or individual purchase and are not generally available to the public.
EMarketer is not authorised to access JupiterResearch reports and has no license to distribute JupiterResearch data, says the Darien, Connecticut-based company.
"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," said Meckler. "Simply calling yourself an 'aggregator' does not permit one to steal another's proprietary research and trade marks and sell them as your own."
Jupitermedia sued eMarketer in the US District Court for the Southern District of New York on 13th May, alleging copyright and trademark infringement, and demanding an injunction and damages.
The company announced yesterday that it has sent cease and desist letters to eMarketer, claiming inducement to breach contract and infringement of its copyright and database rights in both France and the UK, where it expects to be ready to start legal actions shortly. Europe has strong protections for databases that are not found in the US.