1105 Media Resolves Legal Action v RechargeAsia CorpTonerTeck Corp
1105 Media commenced two lawsuits, one against RechargerAsia and TonerTeck, and another lawsuit against Sunny Sun. As part of the resolution of those suits, the parties entered into a stipulation and order which was signed by Judge Rita Miller of the Los Angeles Superior Court. That stipulation and order provides, among other things, that:
1105 Media, Inc., the parent company of Recharger Magazine has brought this action for, among other things, breach of contract, violation of the trade secrets act, and fraud against RechargeAsia and TonerTeck. 1105 Media has also brought a separate action against
Youing “Sunny” Sun for, among other things, fraud and interference with contractual relations. RechargeAsia Corp., TonerTeck Corp., and Youing “Sunny” Sun are not admitting to any wrongdoing or admitting to liability. These actions have been resolved by way of a settlement approved by the Court, which included the following terms:
RechargeAsia shall send a mailing, the content of which is to be sent to and approved by Recharger, in both English and Chinese, to RechargeAsia’s subscription, exhibitor and show attendee lists that states: “There is no affiliation between Recharger Magazine and RechargeAsia and there is no affiliation between Sunny Sun on one hand and Recharger Magazine on the other.”
In each advertisement RechargeAsia takes out or any fliers, media kits or documents it circulates to third-parties there shall be a disclaimer that says: “There is no affiliation between Recharger Magazine and RechargeAsia and there is no affiliationbetween Sunny Sun on one hand and Recharger Magazine on the other.”
RechargeAsia and TonerTeck shall each provide certification under penalty of perjury that it has destroyed Recharger’s subscription list and shall provide proof under penalty of perjury that all names from that list have been deleted from the RechargeAsia and/or TonerTeck computer system(s).
RechargeAsia and TonerTeck shall make available to Recharger all of its computers in the United States and in Beijing in situ that were or have been in use from July 2007 to the present to allow a qualified agent of Recharger to perform a foresic analysis of those computers to ensure that all of the entities on the Recharger customer list have been removed from them.
RechargeAsia and TonerTeck shall deliver to counsel for Recharger all original materials of persons requesting RechargeAsia magazine and/or requesting information regarding RechargeAsia trade shows whose names appear on the Recharger Subscription List obtained by RechargeAsia.
This article originally appeared in the August 2010 issue of Recharger.