Asigra Files Lawsuit Against RoboDRS (Robobak)

Asigra Inc. filed a lawsuit against RoboDRS LLC, its president and CEO, Ron Roberts, and MMI Communications Inc., for libel, misleading advertising, intentional interference with economic relations and injurious falsehood. The action, filed in the Ontario Superior Court of Justice in Toronto, Canada, alleges that RoboDRS LLC, distributors of Robobak software, its CEO Ron Roberts, another RoboDRS LLC officer and its public relations agency of record defamed Asigra’s award-winning Asigra Televautling software in two press releases.

Among the allegations in the suit:

In a press release published on its website and through industry newswire services in July 2008, RoboDRS LLC and the other defendants made false and misleading statements disparaging Asigra’s products and services;
In the same press release, RoboDRS LLC and the other defendants made false and misleading statements about Asigra’s relations with its customers;
RoboDRS LLC and the other defendants allegedly acted with malice toward Asigra Inc.;
RoboDRS LLC refused to remove the offending press releases even after Asigra Inc. gave notice of its intention to sue for libel.

Ron Roberts, CEO of RoboDRS LLC, is a former distributor of Asigra Inc.’s software products. RoboDRS LLC introduced Robobak software into the backup market just over a year ago, in June 2007. Robobak software is produced under white label by Visionworks Solutions Inc., a Canadian company in Windsor, Ontario. Asigra’s lawsuit makes no claims against Visionworks Solutions.

In a further July 2008 press release issued to software industry analysts and the public, Robobak and its public relations agency allegedly aggravated the defamation of Asigra by falsely announcing that ‘a top executive at Asigra’ had recommended Robobak software. Asigra’s Televaulting software is the leading information recovery management platform for service providers. Asigra Inc. does not recommend the competitors’ software.

In the lawsuit, Asigra is demanding:

retraction of the press releases from all websites and an injunction against further defamatory statements
a written apology
judgment against the defendants for damages to be determined
punitive and aggravated damages, as well as lawyers’ fees and costs, typically awarded to successful litigants by Canadian courts.

None of the allegations in the lawsuit have yet been proven in court.

"It is regrettable that some companies and individuals resort to such tactics," said David Farajun, CEO of Asigra. "We have worked for 22 years to develop Asigra software with innovation, quality, service and honesty. We are committed to aggressively defending Asigra’s brand and reputation and its leading position in the backup and recovery industry."