Destiny Media Wins One Battle In Court War Vs. Yangaroo
January 21, 2011 at 11:50 AM (PT)
DESTINY MEDIA TECHNOLOGIES won a round in court in its long-standing lawsuit against YANGAROO, when Justice STANLEY KERSHMAN granted a summary judgment in favor 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.
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 CEO STEVE VESTERGAARD.
"We are pleased that after looking at the evidence, the judge was able to dismiss so much of YANGAROO's counterclaim," VESTERGAARD said. "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.