Stockholm, September 6, 2011
Summon for an immediate end to unfair marketing practice
Signed write to you as representative for EPiServer AB, registration number 556208-3435, ("EPiServer") by reason of your marketing on internetworld.se with associated link to nodeone.se/drupal.
The marketing is inappropriate under the Marketing Act (2008:486) (the "MFL") and in breach of Consolidated ICC Code of Advertising and Marketing Communication Practice (the "ICC"). Signed note following serious shortcomings:
The entire text of nodeone.se/drupal has the character of the editorial materials and the requirements of that advertising must be identified as such is not true (MFL §9, ICC, Article 9);
The promotion includes a comparison in violation of the MFL §8 p. 5 contains derogatory information about EPiServer products;
The comparison is not made in accordance with the principles of fair competition between traders (ICC, Article 11) and does not meet the requirements for comparative advertising (including the comparison shall relate to material, relevant, verifiable and representative features of the products) MFL §18;
The advertising contains information that is factually incorrect and is for that reason misleading, but may also be deemed to exclude such material information that there is no question of misleading omission. The promotion goes thus against MFL §10;
According to the ICC, Article 7, the term "free" may only be used when an offer has no requirement for consideration. Although the software is free, is as far as signed can see the product Drupal itself not free, why the assertion is contrary to the ICC, article 7;
The reference to research firm Gartner's placement is questionable. It seems that the "four unique benefits" is your analysis of the reasons for placement rather than Gartner's and therefore the claims are misleading and in violation of the MFL §10. The statement may also constitute an abuse of technical data and thus be in breach of the ICC, Article 6.
EPiServer urge you to immediately cease using EPiServer's trademark and products in your marketing. Signed awaits a confirmation from you that the unfair marketing practice will immediately cease and that you in the future will not use EPiServer's trademark in your marketing. EPiServer is considering legal action.
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