District Court Closes the Door Permanently on Wickfire’s Meritless Claims

AUSTIN, Texas, April 04, 2022 (GLOBE NEWSWIRE) — Wickfire suffered the latest in an extensive line of litigation defeats to TriMax. This time, a District Court dismissed Wickfire's meritless claims permanently.

In 2021, an Appellate Court ruled that Wickfire lacked any evidence supporting its multi–million–dollar claims against TriMax. Undeterred by this monumental loss, Wickfire tried its hand once more and failed.

After losing at the Appellate Court, Wickfire moved a District Court to order TriMax pay Wickfire more than $400,000. This led to a flurry of findings and orders against Wickfire:

  • In February 2022, Federal Magistrate Judge Susan Hightower found that Wickfire's motion lacked merit. In reaching her determination, the Magistrate Judge recognized "excessive costs and delays" due to Wickfire's "litigation tactics."
  • After that, United States District Judge Robert Pitman issued an Order agreeing with the Magistrate Judge's findings and fully denied Wickfire's motion.
  • On March 15, 2022, the Western District of Texas issued a Final Judgment, finding that Wickfire shall "TAKE NOTHING" on all its claims against TriMax and its principals.
  • In the same "TAKE NOTHING" judgment, the District Court declared that Wickfire's claims shall be "DISMISSED WITH PREJUDICE," thereby preventing Wickfire from continuing to assert its meritless claims against TriMax in the future.

The orders and findings appear in published opinions from the Fifth Circuit Court of Appeals, Case Number 17–3043040 and the United States District Court for the Western District of Texas, Case No. 1:14–CV–0034–RP.

The lawsuit centered around Google AdWords Auctions, an online–auction platform where companies like TriMax and Wickfire compete for advertising space. Wickfire asserted a series of claims against TriMax, but as to each one, Wickfire failed. Wickfire alleged TriMax intentionally interfered with Wickfire's contracts, intentionally interfered with Wickfire's prospective business, and committed civil conspiracy. An Appellate Court found "Wickfire offered no such proof" and declared that each of these claims failed.

After the Appellate Court found an earlier District Court judgment awarding $2.3 million to Wickfire to be erroneous due to the lack of any supporting evidence, the District Court more recently issued the "TAKE NOTHING" judgment. Through the "TAKE NOTHING" judgment, Wickfire received no award and, conversely, was ordered to pay its own attorneys' fees and costs.

In the same lawsuit, the jury previously found Wickfire LLC and its co–owners, Chet Hall and Jon Brown, to have intentionally interfered with TriMax Media's business. TriMax argued that Wickfire intentionally interfered with TriMax's contracts by (1) paying kickbacks to merchant representatives in exchange for exclusivity agreements; (2) impersonating TriMax by placing unauthorized ads that plagiarized TriMax's ad copy and contained other identifying information of TriMax; (3) repeatedly clicking on TriMax ads in order to artificially increase TriMax's costs (known as "click fraud"); and (4) using an automated software program to manipulate the Google auction system (known as "bid jamming").

TriMax presented evidence to the jury that Wickfire had been suspended from over 200 Google accounts, violated merchant terms, and employed fake user agents and proxies to conceal its identity. The jury also saw evidence that Google referred to Wickfire as "Known Fraudsters" and that Wickfire registered the domain name "GoogleClickFraud.com".

TriMax also presented evidence regarding Wickfire's destruction of evidence. During the litigation, Wickfire wiped all the data from its Chief Technology Officer, Jon Brown's, laptop and then failed to disclose that information to TriMax or the District Court. Once TriMax uncovered the destruction, Wickfire claimed it was necessary, since the laptop had been stolen during a home burglary. However, the police report""which TriMax obtained independently after Wickfire failed to produce a copy""contradicted Wickfire's story because it mentioned nothing about an allegedly stolen laptop.

While the jury heard extensive evidence about Wickfire's conduct comprising Wickfire's intentional interference against TriMax (which the jury found to have occurred), some of the most devastating evidence was excluded. For example, the jury was not permitted to see:

  • The police report from the burglary;
  • Registration documents showing Wickfire as the owner of "BitchesOfFacebook.com" and "PokeBitches.com";
  • An e–mail from a merchant representative who, after refusing to accept the alleged kickbacks, referred to Wickfire as "criminals";
  • Screenshots of Wickfire's ads impersonating TriMax's;
  • An e–mail from a merchant terminating TriMax after wrongly believing TriMax was the source of the impersonating ads;
  • An e–mail from a merchant complaining that Wickfire violated trademark terms and plagiarized TriMax's ads;
  • A lengthy technical report that, according to a world–renowned computer expert, proves conclusively that Wickfire committed extensive click fraud against TriMax;
  • A real–time video demonstrating the bid–jamming TriMax experienced;
  • A summary of hundreds of TriMax's merchant contracts interfered with by bid–jamming; and
  • E–mails from other competitors of Wickfire complaining about Wickfire's bidding tactics.

Despite the jury's finding against Wickfire, Chet Hall, and Jon Brown for intentional interference with TriMax's business, no damages against Wickfire were awarded. This was, as the District Court noted, a finding reached by the jury after "the jury heard evidence that Google investigated Wickfire's AdWords bidding and determined it was permissible."

However, the District Court's Final Judgment did not disturb the jury's finding that Wickfire, Chet Hall, and Jon Brown committed the intentional interference in the first place. Thus, the interference finding against Wickfire, Chet Hall, and Jon Brown stands and is final.

Prior to issuing the "TAKE NOTHING" judgment and dismissing Wickfire's meritless claims permanently, a Magistrate Judge considered a motion to disqualify Wickfire attorney, Katy Hall (formerly known as Katy Atlas). TriMax alleged that while in possession of TriMax's sensitive documents, Katy Hall began a personal and intimate relationship with Chet Hall (CEO and Co–Founder of Wickfire, and, himself a party to the case), divorced her prior husband, had a child with Chet Hall, and married Chet Hall after he divorced his prior wife. TriMax also alleged that Katy Hall wrongfully accepted an in–house position with Wickfire while in possession of the documents. Katy Hall is currently Chief Operating Officer of Wickfire's BuyersGuide.org. A Magistrate Judge however, ruled that TriMax could not "meet its heavy burden to prove that disqualification is warranted" and denied the motion to disqualify Katy Hall.

TriMax's CEO, Laura Woodruff, commented: "After the Fifth Circuit exonerated TriMax in 2021, we were surprised that Wickfire chose to continue asserting meritless claims with the District Court. However, we are pleased with the recent orders by the District Court, which""like the Appellate Court before it""repeatedly rejected Wickfire's claims for lack of merit. We are, however, still disappointed that Google and the Networks permitted Wickfire to intentionally interfere with TriMax's business in the first place. Nevertheless, based on the jury's finding that Wickfire interfered with TriMax's business""a finding that was not reversed or altered by the recent Final Judgment""we now hope tactics like impersonation of competitors, kickbacks, bid jamming, and click fraud, will no longer be tolerated in the online advertising industry."

About TriMax Media:

Founded in 2003, TriMax Media is a digital marketing agency specializing in performance–based search engine marketing. TriMax served on the first Google Advertiser Research Council and was one of the first companies to generate over one million leads for its clients utilizing Google AdWords. The agency focuses on creating highly effective search marketing campaigns and developing successful long–term relationships with its clients.

Company Contact:

For questions, please contact:
Barry M. Golden
Egan Nelson LLP
214.893.9034
barry.golden@egannelson.com


GLOBENEWSWIRE (Distribution ID 8516201)

Hisense Outlines Ambitions and Regional Growth Plans After Receiving Prestigious ‘Dubai Quality Global Award’

DUBAI, United Arab Emirates, April 04, 2022 (GLOBE NEWSWIRE) — Just days after Hisense received the Department of Economy and Tourism's "Dubai Quality Global Award", Jason Ou, President of Hisense Middle East and Africa, has outlined the global electronics and whitegoods manufacturer's plans in the region.

Under the patronage of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, the annual Business Excellence Awards recognised Hisense for its excellent practices and alignment with the UAE's economic development and social happiness.

Now, as both Hisense and the Emirates accelerate into a new post–pandemic reality with Dubai Hills Mall being selected for the launch of Hisense's first physical store in the Middle East, Mr Ou has reaffirmed the global brand's commitment to regional development.

"Winning the prestigious Dubai Quality Global Award is extremely important," said Mr Ou. "It springboards our consumer acquisition strategy of spreading excellence to global frontiers, while prioritising the Middle East. Our growth in the region is skyrocketing with the launch of our first physical store in Dubai, a flagship store to launch in Qatar, and two more following soon after in Saudi Arabia. This shows our commitment to driving innovation and delivering superior quality to customers in the region."

The Business Excellence Awards is a mainstay among the initiatives launched by the Department of Economy and Tourism (DET), the principal authority for planning, supervision, development, and marketing of Dubai's economic and tourism sectors. The Awards aim to promote quality and excellence as a catalyst for further growth and development throughout the local business landscape.

"From our inception, Hisense has sought to become the world's most reliable consumer electronics brand and this recognition from the Department of Economy and Tourism confirms we are on the right path to becoming the preferred option for millions of consumers across the Middle East and North Africa. We look forward to continuing on that path and strengthening our position within the region, while providing residents and visitors with unrivalled best–in–class quality of technology, products, and services."

Hisense has ambitious plans to elevate its brand awareness across the region. Its official sponsorship of the FIFA World Cup 2022 is the latest in a long line of sporting tie–ups that demonstrate the company's competitive elevation. Sporting partnerships include sponsorship of the UEFA Euro 2016 and 2020 football tournaments, Australian Open tennis, NASCAR Xfinity Series, Red Bull Racing F1 team, Joe Gibbs Racing, and football clubs FC Schalke 04 of Germany and France's Paris Saint–Germain.

ABOUT HISENSE:

Founded in 1969, Hisense is a multinational company headquartered in Qingdao, China covering business areas like multimedia, home appliances, IT intelligent information and modern service industries.

The company owns three listed companies – Hisense Visual Technology, Hisense Home Appliances and SANDEN listed in Shanghai, Shenzhen, Hong Kong and Tokyo and has acquired many known brands including Toshiba, Gorenje, Kelon, Ronshen and ASKO.

With the core values of "integrity, innovation, customer focus and sustainability' and the development strategy of "Sound Technological Foundation and Robust Operation', the brand has delivered supreme quality products, excellent after–sales and customer services as well as reassurance of its comprehensive warranties, for over 50 years.

Hisense is also the global leading brand in B2B industries including Intelligent Transportation, Intelligent Medical and Optical Modules. The company owns the world's leading ULED Local Dimming backlight control technology and laser display technology while developing the chip technology, and continues in developing 8K ultra–high–definition display image quality processing chips, TV SoC chips, and AI chips.

With products exported to over 160 countries and regions, Hisense has sponsored the world's top sporting events such as UEFA EURO 2016, 2018 FIFA World Cup, UEFA EURO 2020 and 2022 FIFA World Cup, and becomes the global sponsor of Paris Saint–Germain football club.

Hisense has 16 industrial parks located in Qingdao, Shunde, Huzhou, Czech Republic, South Africa, Mexico, etc. There are also 16 R&D centres located in Qingdao, Shenzhen, the USA, Germany, etc. working towards a wide range of highly competitive products.

For more information and all the latest updates follow:

Website: https://hisenseme.com/
Instagram: https://www.instagram.com/hisense_middleeast/?hl=en
YouTube: https://www.youtube.com/c/HisenseMiddleEast/videos
Facebook: https://www.facebook.com/HisenseMiddleEast/
Twitter: https://twitter.com/HisenseME
LinkedIn: https://www.linkedin.com/company/hisense–middle–east

Photos accompanying this announcement are available at
https://www.globenewswire.com/NewsRoom/AttachmentNg/8661c6c2–8264–4cd5–8907–a2c5dd44bf2d
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GLOBENEWSWIRE (Distribution ID 8515631)

Hitachi Energy launches OceaniQ™ – innovative solutions for the offshore environment

Zurich, Switzerland, April 04, 2022 (GLOBE NEWSWIRE) — Hitachi Energy today launched its OceaniQ portfolio(*1) for the offshore energy environment, which will be showcased this week at the annual WindEurope event in Bilbao, Spain. The global technology and market leader in power grids, which has a proven track record(*2) in pioneering solutions for offshore, has created OceaniQ to help accelerate the clean energy transition. OceaniQ will result in greater volumes of wind power being efficiently harvested and integrated into the world's energy system.

Combining cross–industry competence from the power and marine sectors, OceaniQ addresses applications for fixed platforms, floating structures and sub–sea power systems for wind, marine and other offshore operators. Hitachi Energy rigorously designs its OceaniQ products, services and solutions in collaboration with customers and partners, which are designed to solve the specific needs of offshore energy operators.

Key characteristics of OceaniQ solutions feature a modular design to enable timely installation and the ability to quickly connect energy assets to onshore. OceaniQ solutions take advantage of digitalization, enabling safe and secure remote monitoring and other services such as predictive maintenance. Designs are also ruggedized to withstand harsh marine conditions, minimizing the need for physical service over their lifetime. OceaniQ solutions also embody the rigorous application of lifecycle thinking.

OceaniQ transformers for offshore floating applications

The first products to be announced as part of the OceaniQ portfolio are Hitachi Energy's recently announced transformers for offshore floating applications. Since the first commercial projects in the early 1990s, offshore wind electricity generation has grown enormously, with more than 35 gigawatts(*3) capacity currently worldwide. Yet building offshore brings great challenges beyond the harsh salt–water environment and only a small fraction of the full potential has been exploited. This is because many offshore areas do not have a suitable seabed and beyond 60–meter depths are not optimal for fixed structures.

OceaniQ transformers and shunt reactors are key equipment in the grid infrastructure that enables the transmission of electricity generated in offshore wind farms. This full and qualified range of equipment has been developed in partnership with the forefront floating offshore developers. It brings in world–leading experience to meet requirements, featuring a lightweight, compact and modular design that comprises of specially–designed transformer active part, tank and components.

"In OceaniQ, our world–class engineers take pride in pioneering solutions that overcome harsh offshore conditions and ultimately, help society move towards a carbon–neutral future," said Bruno Melles, Managing Director of Hitachi Energy's Transformers business. Bruno added, "Floating electrical systems are an important development in the evolution of the offshore renewable industry that will open up tremendous opportunities and unlock new business models that are built on clean power. OceaniQ is fully in the spirit of Hitachi Energy's Purpose, which is focused on advancing a sustainable energy future for all."

Alfredo Parres(*4), Head of Renewables at Hitachi Energy commented, "Wind power is one of Earth's bountiful and free–giving natural resources and through the OceaniQ offshore portfolio, customers will be able to harness and integrate it more efficiently. Alfredo continued, "Through OceaniQ, we are building a more sustainable, flexible and secure energy system by bringing together our experts in offshore applications and wind farm connections to develop and build the solutions needed for a more integrated, interconnected and high–quality power grid. I am excited to be discussing OceaniQ with customers at WindEurope this week and how together, we can continue to pioneer technologies that maximize the full potential of offshore wind."

This latest portfolio development from Hitachi Energy continues to demonstrate the company's commitment to pushing the boundaries of innovation for sustainable offshore energy environment solutions, adding to an already extensive offering. The company expects to announce new additions to the OceaniQ portfolio in the coming months. The launch of OceaniQ follows the company's recent launches of IdentiQ "" its digital twin solutions for HVDC and power quality "" and EconiQ "" its portfolio of solutions which are proven to deliver an exceptional environmental performance resulting in significant reductions in carbon footprint.

Notes

(*1) Read more about OceaniQ: https://www.hitachienergy.com/oceaniq

(*2) Three examples of Hitachi Energy's proven track record in offshore wind:–

(*3) Global Wind Energy Council's Global Offshore Wind Report 2021

(*4) Read one of Alfredo Parres' Perspectives on offshore wind: Offshore synergy "" combining oil & gas experience with grid technology leadership for sustainable energy | Hitachi Energy

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GLOBENEWSWIRE (Distribution ID 8515235)