North American Medical Takes
Action
Against Unfair And Unethical Competitor Tactics.
Press Release
Atlanta, GA., December 14,
2004
North American Medical
Corporation again finds itself in the position of being required to correct inaccurate information
being disseminated by Axiom Worldwide. Axiom, the makers of the deliberately named DRX- not
to be confused with the DRS once manufactured by Cluster Technology
Corporation- have reacted negatively to the huge gain in market share which North American Medical has been
experiencing.
Axiom has released yet another inaccurate and misleading statement on their
corporate website this weekend which falsely gives the impression that they have some sort of court claim against
North American Medical Corporation.
The
principals of Axiom Worldwide, Gibson and Exarhos (who are also former principals of Cluster Technology
Corporation) have two judgments in their capacities as individuals against Cluster Technology Corporation and
its subsidiary, Universal Pain Technology, Inc. Their judgments by
consent stemmed from claims they alleged of their former employers.
Prior to the judgments, Cluster Technology Corporation and Universal Pain Technology, Inc.
essentially ceased operations after being thrown
into bankruptcy by the board that originally seated and then terminated both Gibson and
Exarhos.
Not a single
dollar of the two judgments awarded is against North American Medical. In fact, North American Medical was never even a party to the lawsuit giving
rise to the judgments.
Further, contrary to the implication Axiom sought to create by mentioning North
American Medical’s SPINA
System™ in its press release, the SPINA
System™ is not part of the
previous litigation and
neither it nor any other North American Medical products are at risk as a result of the
judgments.
“Axiom has continually released statements cleverly worded to make the unwary
reader falsely believe that
NAM is a party to that judgment. It is an obvious attempt to
make the uninformed believe that the NAM powerhouse is legally obligated to Axiom,” said Jeffrey Korn,
in-house counsel of North American Medical.
“If anyone is or has been told that NAM is legally obligated to Axiom, they have been
lied to.”
North
American Medical’s legal team has launched a strike pointing out other clearly erroneous and materially
misleading statements in the press release and has demanded that Axiom cease and desist its deceptive trade
practices and defamatory conduct in publishing the press release.
“Axiom has deliberately flouted applicable law in an attempt to bushwhack North American
Medical into submitting to a deposition in aid of execution in a matter which has nothing to do with North American
Medical” stated William C. Nesbitt, Juris Doctorate and Executive V.P. for North American
Medical.
“Sure, Axiom withdrew those subpoenas after they were warned that they were improper and illegal, but it
is a clear message to me that if they can’t compete with our products on technology and value
they will attempt to compete by creating false impressions about our financial
viability.”
North
American Medical regrets that it has been forced to publish this press release. While North American Medical is concerned about the ill effects to the
industry at large and the negative backlash which may result from responding to any smear campaign, North
American Medical is more concerned about the ill effects of doing nothing.
“Doing nothing only facilitates consumer misinformation and would in effect reward Axiom for their
misconduct,” said Nesbitt. “We will not lay still against anyone attacking North American Medical’s enviable
reputation and highest standing in the
industry.”
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