Here's a question.
Disclaimer: This is not to be misunderstood, misinterpreted or misrepresented by any respondents as an opinion by this author - it is ONLY a question.
In light of the article posted below, could part of the premise in suing you, Bill and Jeff be that the company itself (WebNode) was fake? In other words, yes, we've all seen companies that issue false and/or misleading press releases, but the companies themselves were real, i.e., existed. WebNode does not.
cnnfn.com
April 28, 1999: 09:12 a.m. ET
SAN FRANCISCO, CALIFORNIA, U.S.A. (NB) -- By Ian Stokell, Newsbytes. Press release service Business Wire, has sued three individuals that it says put out a false release to get readers interested in a non-existent Internet investment opportunity. The company involved claims the release was just an April Fools Day prank.
Business Wire said the release involved a company named WebNode, which Newsbytes notes has a Web site at webnode.com . The three individuals named in the federal suit are reportedly Jeffrey Mitchell, William Ulrich, and Janice Shell. All are charged with giving Business Wire a false press release.
The Web site, still available and visited by Newsbytes this afternoon, maintains that the release, which said the company has won an exclusive government deal to raise funds for the development of a faster Next Generation Internet (NGI), was an April Fools joke.
Whether it was or not may be moot, because Business Wire promptly sent the release to its regular distribution outlets, including trade publications and newspapers and online services. By the time the company found out it was false, media reports say almost 2,000 people had sent WebNode personal information as a result.
According to press reports, Business Wire was less than pleased and regarded the alleged prank as a serious attempt to injure its reputation.
The release was subsequently posted on the WebNode Web site, complete with Business Wire trademark.
The resulting suit alleges violations of trademark laws and seeks various damages.
Newsbytes found that the Web site contains the alleged original press release (supposedly dated April 1) which begins, "WebNode.com today announced it has been granted an exclusive contract by the US Department of Energy (DOE) Office of Science (formerly Office of Energy Research) to raise $4 billion in funding for the new countrywide state-of-the-art fiber optic Next Generation Internet (NGI) to replace the existing copper backbone."
While reference is made at the top of the company's Web site that the release was an April Fools day prank, the home page still contains extensive references to the "offer" such as "Yes! The 'Next Generation Internet' (NGI) is now a reality! And Webnode is your exclusive ticket to a once-in-a-lifetime opportunity to own it! Just click on Nodes to own your piece of NGI real estate; it's that easy." Another section reads, "Seeking to own a piece of Webnode, the company? Investors are encouraged to let us know their level of interest for potential shares in our upcoming Private Placement. (Note: this is not a solicitation; shares extremely limited; consult a qualified financial advisor)." |
