Court Dismisses Yangaroo Counterclaims in Defamation Case
VANCOUVER, Jan. 21 /CNW/ - Destiny Media Technologies, Inc. (DSY-TSX,
DSNY-OTCBB), is pleased to announce progress in its lawsuit against
Yangaroo, John Heaven and Clifford Hunt filed May 4, 2007. Destiny had
claimed CDN$25,000,000 in damages for defamation and injurious
falsehood, breaches of the Trademarks Act and Competition Act, and
interfering with Destiny's economic interests. Yangaroo had filed a
counterclaim with similar allegations against Destiny Media and
Destiny's CEO, Steve Vestergaard.
Destiny filed a motion to have the counterclaim dismissed in its
entirety as frivolous and the motion was heard in court on October 28th, 2010. On Jan. 20, 2011, Mr. Justice Stanley Kershman announced his
verdict. Summary judgment was granted in favour of Destiny in respect
of the torts of injurious falsehood and interference with economic
relations. Additionally, summary judgment was granted in respect of
all claims brought against Mr. Vestergaard in his personal capacity.
The judge also added that, in his view, many of the statements made by
Destiny that Yangaroo counterclaimed for were clearly either not
defamatory or were justified based upon the evidence filed in the
motion. He names a number of statements in his ruling that cannot be
fairly characterized as "false or misleading" citing statements that
Destiny's system predates Yangaroo's patent and that MPE does not have
the essential features necessary to infringe on Yangaroo's patent.
Destiny CEO, Steve Vestergaard reflects on the lawsuit win, "We are
pleased that after looking at the evidence, the judge was able to
dismiss so much of Yangaroo's counterclaim. This is the second major
decision in our favor in our ongoing dispute with this regional
competitor. In June 2010, Destiny successfully won a fast track motion
to dismiss a frivolous patent infringement case."
Destiny's $25 million claim against Yangaroo remains unchanged and will
proceed to trial.
About Destiny Media Technologies
Destiny Media (http://www.dsny.com) is the developer of the Play MPE® system (http://www.plaympe.com) which the recording industry uses to securely distribute new
pre-release music through the internet to trusted recipients such as
radio, media and VIP's. Real time usage statistics are available at http://www.plaympe.com/v4/company/plaympestats.php and a product overview is available at http://www.dsny.com/pres/index.htm
SOURCE Destiny Media Technologies, Inc.
For further information:
CEO Destiny Media Technologies, Inc.
604 609 7736 x222