Destiny Media Announces Summary Judgment Win Against Yangaroo
Vancouver, BC – January 21, 2011 – Destiny Media Technologies, Inc. (DSY-TSX, DSNY-OTCBB), is pleased to announce progress in its lawsuit against Yangaroo (YOO-TSX), John Heaven and Clifford Hunt filed May 4, 2007. 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 Destiny's CEO, Steve Vestergaard.
Destiny filed a motion to have the counterclaim dismissed in its entirety as frivolous and the motion was heard in court on October 28th, 2010. On Jan. 20, 2011, Mr. Justice Stanley Kershman announced his verdict. Summary judgment was granted in favour 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.
The judge also added that, in his view, many of the statements made by Destiny that Yangaroo counterclaimed for were clearly either not defamatory or were justified based upon the evidence filed in the motion. He names a number of statements in his ruling that cannot be fairly characterized as "false or misleading" citing statements that Destiny's system predates Yangaroo's patent and that MPE does not have the essential features necessary to infringe on Yangaroo's patent.
Destiny CEO, Steve Vestergaard reflects on the lawsuit win “We are pleased that after looking at the evidence, the judge was able to dismiss so much of Yangaroo's counterclaim. 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.
About Destiny Media Technologies
Destiny Media (http://www.dsny.com) is the developer of the Play MPE® system (http://www.plaympe.com) which the recording industry uses to securely distribute new pre-release music through the internet to trusted recipients such as radio, media and VIP's. Real time usage statistics are available at http://www.plaympe.com/v4/company/plaympestats.php and a product overview is available at http://dsny.com/pres/index.htm
CEO Destiny Media Technologies, Inc.
604 609 7736 x222