TTLN News (2) Dec 8th 1999 (Applies to: TTLN)
IGC REJECTS TOTAL ENTERTAINMENT SETTLEMENT OFFER AND VOWS TO ACTIVELY PURSUE ITS PENDING LEGAL ACTION
PLYMOUTH MEETING, Pa., Dec 8, 1999 /PRNewswire via COMTEX/ -- Interactive Gaming & Communications Corporation (IGC) (OTC Bulletin Board: SBET) announced today that it has rejected an offer put forth buy Total Entertainment, Inc. (OTC Bulletin Board: TTLN) to settle out of court, Interspheres' pending lawsuit in the Superior Court of Montreal, Canada, against Sandy Masseli, Alex Kennedy, Steven Savage, Intercapitol Canada, Ltd. and Intercapitol Global Funds, a wholly-owned subsidiary of Total Entertainment. The legal action against the Defendants is for punitive damages and loss of revenue based on Defendants' unauthorized use and possession of IGC's gaming software, code and corporate documents.
On October 4th, 1999 TTLN issued a misleading press release stating that "Court Rules in Favor of Total Entertainment, Inc." and that " ... the court dismissed IGC's claim that TTLN and its wholly-owned subsidiaries owed unpaid royalties". The release went on to further state that, "Total entertainment had terminated its agreement and renewal options with SBET due to malfunctioning software and technical support".
The release is misleading in that it gave investors the impression that the entire case was dismissed and that TTLN had terminated its agreement with SBET and that SBET was being sued by TTLN. The current status and facts are as follows. The only court ruling that was made was that IGC's claim for royalties should be heard by the American Arbitration Association as was provided under the original license agreement. Secondly, it should be noted that SBET in fact notified TTLN it was terminating its license and use of SBET software for numerous violations and infringements.
Guy St. Germain, counsel for IGC and Intersphere Communications Ltd., stated that "On September 30, 1999, the Honourable Justice Nicole Duval-Hesler of the Superior Court of the province of Quebec, maintained in part Defendants' Motion to Refer the Matter to Arbitration. Justice Duval-Hesler's decision was limited to Intersphere's claim for payment of royalties from Co-Defendant Intercapitol Global Funds ONLY." He further added, "At no time during Defendants' Motion to Refer the Matter to Arbitration did Justice Duval-Hesler ever commented on the merits of the case. As discussed, it would appear that the decision of Justice Duval-Hesler is procedural in nature given the fact that Intercapitol Global Funds Ltd. Did not appear to be an operating entity is of rather minimal significance to the entire process."
Mike Simone, president of IGC, commented that Arbitration might be difficult when our license agreement was with a company that apparently is no longer an operating entity. However, the royalties are an insignificant portion of the overall legal action against the Defendants. The offer that was submitted by Total was totally unacceptable and we will continue to seek resolution through the courts.
Forward-looking statements in this release are made pursuant to the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995. Investors are cautioned that such forward-looking statements involve risks and uncertainties, including, without limitation, continued acceptance of the Company's products, increased levels of competition for the Company, new products and technological changes, the Company's dependence upon third party suppliers, intellectual property rights, and other risks detailed from time to time in the Company's periodic reports filed with the Securities & Exchange Commission.
SOURCE Interactive Gaming & Communications Corp. (C) 1999 PR Newswire. All rights reserved. prnewswire.com -0- CONTACT: Investor Relations of Interactive Gaming & Communications, 610-941-0305, Ext. 21, or Fax, 610-941-4752, or Email, investorrelations@igccorp.com WEB PAGE: igccorp.com GEOGRAPHY: Pennsylvania Quebec INDUSTRY CODE: CNO MLM SUBJECT CODE: LAW |