Jupitermedia Sends Cease and Desist Letters to eMarketer

Legal Escalation Across Multiple Jurisdictions

On the morning of March 12, Jupitermedia issued formal cease and desist letters to eMarketer Inc., alleging that the digital analytics firm has encouraged third parties to breach existing contracts and has unlawfully copied data protected under French and United Kingdom copyright and database laws. The letters point to a pattern of behavior that Jupitermedia claims amounts to a coordinated effort to sidestep intellectual property safeguards. This move follows a lawsuit filed in the United States District Court for the Southern District of New York on May 13, 2004, where Jupitermedia accuses eMarketer of both copyright and trademark violations, along with additional claims that fall under broader intellectual property statutes.

The core of Jupitermedia’s complaint is that eMarketer’s data aggregation model is built on a foundation of proprietary research that the publisher never licensed. The French and British claims rest on the concept of “inducement to breach contract,” a legal theory that holds that a company may be liable if it actively persuades others to break contractual obligations. By providing eMarketer with data that Jupitermedia claims to have sold exclusively to authorized customers, the company alleges that eMarketer has effectively induced those customers to violate the terms of sale, thereby creating a chain of infringement that extends beyond the original violation. Under both jurisdictions, the damages framework allows Jupitermedia to seek both monetary compensation and injunctive relief, a court order that would bar eMarketer from continuing to distribute the contested material.

In addition to the injunction, Jupitermedia seeks a trial‑determined amount in damages that reflects the commercial value of the data in question. The company argues that eMarketer’s unauthorized use has not only deprived Jupitermedia of revenue but also diminished the perceived exclusivity of its research. By enabling eMarketer to present Jupitermedia’s findings as part of a broader aggregation service, the infringer is allegedly eroding the brand’s market position and diluting the goodwill that Jupitermedia has cultivated over decades. A successful injunction would compel eMarketer to immediately cease all activities that involve the disputed data, thereby restoring Jupitermedia’s control over its intellectual property.

The timing of the cease and desist letters is strategic. Jupitermedia has been preparing for a multijurisdictional legal approach that could ultimately culminate in coordinated litigation across France, the United Kingdom, and the United States. By initiating action in the European Union first, the company aims to establish a strong case that may serve as a precedent when the US court considers the merits of the 2004 complaint. The company’s legal team has already identified potential defenses eMarketer might raise, such as fair use or data mining exceptions, and has prepared counterarguments that emphasize the proprietary nature of the datasets and the explicit licensing terms governing them. As the legal clock ticks, Jupitermedia is poised to transition from warning letters to formal court filings, making this the next critical step in protecting its intellectual assets.

Company Background and the Core Dispute

Jupitermedia, operating under the brand name JupiterResearch, is a global research advisory that specializes in technology and business market studies. Its value proposition rests on a vast repository of proprietary data, curated by analysts who have spent years collecting, validating, and contextualizing industry metrics. The organization offers custom reports, subscription services, and on‑demand purchases, ensuring that only paying customers gain access to the nuanced insights that differentiate it from open‑source data platforms. This exclusivity is a key part of JupiterResearch’s competitive edge and a central reason why the company treats its datasets as intellectual property subject to copyright and database rights.

When eMarketer began aggregating data from a range of sources, the firm claimed to pull content from “many providers,” including JupiterResearch. However, the aggregation model did not involve any licensing agreements that would allow eMarketer to republish JupiterResearch’s research. Jupitermedia maintains that its reports are delivered exclusively to customers who pay a fee or subscribe to a tailored service, and the data is protected by both statutory copyright and database protection laws. By including these reports in its aggregated offering without permission, eMarketer allegedly engaged in an unlawful reproduction of content that Jupitermedia has defended as trade secrets and confidential data. This misuse has led Jupitermedia to label eMarketer’s behavior as “free‑riding,” where the aggregator benefits from the hard‑earned research of others without compensating the rightful owners.

CEO Alan M. Meckler publicly criticized eMarketer’s approach, emphasizing that simply branding oneself as an “aggregator” does not absolve the company from the responsibilities of respecting intellectual property. Meckler highlighted that the creation of industry-leading research demands significant investment in personnel, methodology, and data acquisition. When a third party reproduces that research without authorization, it undermines the incentive for continued innovation. The CEO’s statement underscores the broader industry concern that unchecked data aggregation can erode the foundational value of proprietary research and ultimately hurt all market participants.

Prior to issuing the cease and desist letters, Jupitermedia engaged in several rounds of negotiation with eMarketer, offering licensing options and seeking clarity about the source of the disputed data. Each attempt failed to produce a satisfactory resolution: eMarketer refused to disclose the channels through which it accessed JupiterResearch’s material, declined to halt its distribution, and showed no willingness to compensate the research firm. This lack of cooperation left Jupitermedia no choice but to pursue judicial remedies. The company’s legal team is preparing to argue that eMarketer’s continued unauthorized use of proprietary datasets not only breaches existing contracts but also violates fundamental principles of copyright law, thereby warranting both immediate and lasting relief.