Microsoft To Novell: Controversial Ad Already Discontinued
October 02, 2001 4:37 PM ET
Microsoft said it has halted the controversial cereal box-themed ad for its server products that prompted a lawsuit from rival Novell.
On Monday, Novell filed a 17-page federal suit in Salt Lake City charging that a Microsoft marketing campaign--dubbed Microsoft Server Crunch--"made and distributed false and misleading claims" about Novell's NetWare network operating system and Novell's commitment to it.
But a day later, a Microsoft spokesman said the Redmond, Wash.-based software giant had already discontinued distribution of the ad after receiving a corrective notice letter from Novell in mid-September. On Sept. 27, Microsoft also sent a follow-up communication to any customer that received the marketing material, the spokesman added.
"After reviewing the box and the marketing message, we attempted to address Novell's concerns and resolve any issues," Microsoft said in a statement issued by the spokesman. "Apparently, these steps and actions by Microsoft have not satisfied Novell."
Besides seeking an injunction against the ad, the suit calls for Microsoft to print corrective advertising and pay unspecified monetary damages.
At press time, Microsoft was still waiting to receive the lawsuit document, the Microsoft spokesman said. "We will review the lawsuit when we receive it and act accordingly," he said. "We regret any inconvenience to our customers and hope that Novell will view our attempts to address their concerns in good faith."
The ad in question, a copy of which was examined by CRN, parodies the Cap'N Crunch cereal brand. The ad claims Novell is abandoning the software business and that NetWare's days are numbered. It also touts free Microsoft Services For NetWare software to facilitate the defection of NetWare customers to Windows 2000.
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