eMove Inc. Defends Itself From Competitor’s Accusations
PHOENIX, June 4, 2014 /PRNewswire/ – Following a multi-week trial in the Eastern District of North Carolina, the jury reached a verdict in the matter of SMD, Inc. v. eMove, Inc. SMD sued eMove almost six years ago pursuant to North Carolina trade practice statutes as well as the Lanham Act.
eMove Inc.’s Director, Sam Celaya, declares himself pleased with the jury’s verdict in their case against competitor SMD, Inc. “Although it cost us a great deal to defend ourselves, we are happy to be working at eMove today, rather than at SMD. After years spent beating back SMD’s wild claims against our team, SMD ultimately got a pittance of what they asked for, and many of their claims against us were completely tossed out.”
The history of this case dates back over ten years ago, when eMove entered an antiquated market with a highly progressive software product. After eMove started to make serious inroads into the market, SMD filed a suit in July 2008. The lawsuit was centered around charts that eMove used as early as 2004 to compare its product – called WebSelfStorage – to SMD’s as a sales tool. SMD complained that eMove violated the law in the way it compared the two products.
During discovery, SMD was unable to prove that a single actual customer had even seen the charts in question or had used them to make their purchase decision, rendering it impossible to show that SMD had lost one dollar – let alone in excess of seventeen million dollars – as a result of these charts. This forced SMD to instead adopt a strategy which speculated that they lost potential, as opposed to actual, customers.
In the end, the jury made the decision to award SMD only ten percent of the damages they asked for while tossing out two of the three alleged violations. In addition, the jury found no malice or intent to deceive by eMove, and rightly declined to award the requested punitive damages.
“If I were SMD, I’d feel like I was leaving humbled and empty-handed. Although we tried to resolve the matter to their satisfaction on more than one occasion, SMD was intent on trying this case from the start. In the end, they probably paid their attorneys about twice what they won in this case, and two of their three claims were found to be totally without merit. In the end, they overreached, plain and simple. While we are considering our options on appeal, my hope is that both companies can quickly get past this dispute and focus on our respective businesses,” said Celaya.
“This case shows that our customers can count on eMove to speak honestly. We stood our ground because we believed our materials to be accurate beyond a shadow of a doubt. It goes without saying that our product is superior to theirs; that wasn’t even an issue in this case,” added Celaya.
eMove is an electronic marketplace that enables self-moving and self-storage related consumers, business owners, eMove storage affiliates, and moving helpers to seamlessly connect and transact business. Through a partnership with independent business owners, eMove provides the most comprehensive international footprint for moving and storage. Unedited customer reviews are an essential component of the marketplace and ensure the quality of services provided within the network
SOURCE eMove, Inc.