• by Ross Fadner , September 8, 2004

Market research aggregator eMarketer filed a counterclaim against Jupitermedia on Wednesday, seeking compensation for its legal fees. The move follows an announcement by Jupitermedia last week that it's suing the New York-based market research aggregation firm for copyright and trademark infringement in France and the UK. Jupitermedia previously filed suit against eMarketer for copyright and trademark infringement in the United States on May 13.

"With regard to the Jupitermedia lawsuit about alleged copyright infringement, we are fighting it aggressively, including the filing of a motion for a speedy hearing," eMarketer CEO Geoffrey Ramsey stated. "In addition, we've filed a counterclaim to Jupiter emphatically denying all allegations and affirming the legality and propriety of our business practices."

"As a publisher," Ramsey continued, "eMarketer has been aggregating and analyzing factual information from multiple sources for over seven years. The service we provide to our clients, by synthesizing, analyzing and making comparisons of data from more than 1,700 sources, saves them valuable time."

Ramsey said the law provides that facts such as JupiterResearch data, which the Jupitermedia suit specifically charged were the subject of infringement, are not copyrightable. He added that the company gathers its data from publicly available sources, and clearly identifies the source of each piece of information, and said that investment banks and trade organizations have long made a practice of aggregating publicly available information.

Previously, Alan Meckler, Jupitermedia chairman and CEO, said the company is suing eMarketer because the firm is not authorized to access and republish reports from JupiterResearch, or distribute JupiterResearch data, which is only available to paying customers.

Meckler alleged that there were several instances where eMarketer obtained and used Jupiter research that was not available to the general public. Meckler also alleged that eMarketer misrepresented Jupitermedia on several occasions by using outdated JupiterResearch data in its reports.

The outcome of the suit could help determine the extent to which one company can publish information that another company collected and distributed online.

eMarketer noted in Wednesday's announcement that many research suppliers like having their data utilized by eMarketer and consider it a form of promotion, as well as an endorsement of its credibility. MediaPost, the publisher of MediaDailyNews, for example, routinely authorizes use of its data in eMarketer's reports. Jupitermedia, on the other hand, has told eMarketer to cease and desist use of its research immediately.

The case is pending in the U.S. District Court for the Southern District of New York.