Xerox Loses Court Motion Against BERTL

A set back in Xerox's efforts to silence BERTL came against the copier giant today when the United States District Court ruled against Xerox and in favor of BERTL (Digital Test Lab).

November 25th, 2002 in the United States District Court - Civil Action # 02-CV-6365L (F) Xerox Corporation sought to get a court order to force BERTL to accept a settlement offer which was proposed by Xerox in August 2002 in the sum of USD $300,000. Xerox alleged that as part of this "settlement" BERTL was prevented from publishing the fact that Xerox had (among other things) claimed BERTL Awards it had not won (these false award claims, by Xerox, were published on substantial quantities of Xerox sales promotional materials; brochures, websites, CDs etc.)

Xerox had also asked the United States District Court to agree to "seal the documents" and Xerox "evidence". If Xerox's demands had been agreed to by the Court, elements of the hearing and associated documents would be effectively treated as "secret" and unavailable to the public. The Court ruled against Xerox's motion.

Readers will remember that in July 2002, Xerox launched a pre-emptive strike against BERTL when the copier giant masterminded a public relations campaign (backed by a court action against BERTL) alleging "defamation" of Xerox by BERTL. This action, by Xerox, had the desired effect of creating a smoke-screen and resulted in a number of Xerox Sales Agents and others (who have contacted BERTL since the action) believing that BERTL was in some way at fault. Buried in Xerox's claim was the confirmation that Xerox anticipated BERTL was about to file a court action against Xerox (shortly before Xerox's PR campaign/legal action, BERTL had filed a 35 page complaint against Xerox with their legal representatives).

Xerox's allegation of "defamation" centered on the fact that BERTL told its readers and subscribers that Xerox was making unauthorized use of BERTL trademarks on promotional materials which were published by Xerox and showed Xerox products in an advantageous light over competing products.

A large number of buyers and product resellers rely on BERTL's test reports and awards to deliver an expert opinion on how products perform and their relative merits. A false declaration (by any manufacturer) of a BERTL award is an extremely serious matter and not something that anyone can take lightly.

"There can be no defamation when you are telling the truth". "BERTL has nothing to hide". "Xerox asked the court today to seal documents, which would have hidden them from the eyes of the world". "I am grateful that Judge Larimer not only ruled in favor of BERTL but am delighted that he also refused to grant Xerox's demands to "seal" the documents". "I believe that people have a right to know the truth and the American justice system has not let them down", said Carmel Rowley, CEO of BERTL.

Xerox has not made a new copier for over 6 years. They just keep recycling the same old ones with new numbers.

I was a Xeroid when they were trying to get the Malcom Baldrige Quality Award. Xerox basically did something similar to what Iraq is doing with the UN inspectors. Xerox managed the process pretty well and did win the award for ONE phase of their business. Of course they advertised it like every pahe of their business won the award. Xerox has dropped the ball on more good ideas, inventions and people than just about any other company.

Yes, they have taken a great name and turned it into a synonym for Clinton (lies and deceit).

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