Path: bloom-picayune.mit.edu!snorkelwacker.mit.edu!news.media.mit.edu!americast.com!americast.com!usa-post Newsgroups: usa-today.law,americast.usa-today.law From: usa-post@AmeriCast.Com Organization: American Cybercasting Approved: usa-post@AmeriCast.com Subject: law Thu, Oct 8 1992 Date: Thu, 8 Oct 92 04:25:12 EDT Message-ID: 10-08 0000 DECISIONLINE: Business Law USA TODAY Update Oct. 8, 1992 Source: USA TODAY:Gannett National Information Network QUAKER STATE LOSES APPEAL: Quaker State Corp. failed to overturn a lower court ruling that it falsely advertised its motor oil, Bloomberg Business News reports. A U.S. Appeals Court rebuffed Quaker State's bid to overturn a ruling that placed a preliminary injunction on ads that ran last November. The ads claim "tests prove" the firm's oil does a better job at protecting engines against start-up wear. MICROSOFT SEIZES FAKE SOFTWARE: Personal computer software giant Microsoft Wednesday announced the largest ever seizure of counterfeit software. Microsoft representatives and U.S. marshals impounded more than 150,000 copies of Version 5 of Microsoft's best-selling MS:DOS operating system, the basic software found in most IBM-compatible PCs. The counterfeit software had a street value of more than $9 million. SEIZURE IS LARGEST SUCH GRAB: Microsoft Wednesday seized more than $9 million of counterfeit software, exposing a massive counterfeiting operation stretching from California to New Jersey. The raid comes as Congress considers a bill that would make software piracy a felony. Industry estimates suggest that software piracy robbed the industry of $2.4 billion in revenue in 1990. NATIONAL STORES TRADING HALTED: The New York Stock Exchange said Wednesday that it will immediately suspend trading in common stock for National Convenience Stores Inc. Also suspended: National's convertible preferred stock. National has filed for bankruptcy protection and has fallen below the Big Board's income criterion for continued listing. COPYRIGHT DECISION IS UPHELD: The U.S. Supreme Court Wednesday upheld an appeals decision that exonerates Symantec Corp. of copyright violations claimed by Brown Bag Software. The court let stand two federal decisions that Symantec's GrandView program does not violate Brown Bag's copyright on the program PC-Outline. Symantec's attorney said the decision made it easier to dispose of "look and feel" complaints. AMTECH SUES AT:COMM INC.: Amtech Corp. has filed suit against AT:Comm Inc., a competitor in the electronic toll business. An Amtech spokesperson said Wednesday the suit alleges that AT:Comm has made "false and disparaging comments." Among them, according to the suit, is a claim to industry people by AT:Comm that it had the only patent on read:write technology in the marketplace. KLA ANNOUNCES FAVORABLE RULING: KLA Instruments Corp. Wednesday announced a favorable ruling from the Board of Patent Appeals and Interferences of the U.S. Patent and Trademark Office. KLA was entangled in a patent interference dispute with Orbot Systems Ltd. and Orbot Inc. The board awarded KLA all patent claims to the illuminator used in Orbot's inspection systems. Orbot can appeal. DEMOCRATS URGE BUSH TO SIGN: In a last-minute attempt to persuade President Bush to sign a $27 billion tax bill, congressional Democrats say a veto would raise taxes on many businesses and individuals. Without the bill, several benefits that expired June 30 will remain dead with no chance of revival until next year. The bill is scheduled for action Thursday, possibly the last day in session for Congress. MERGERS & ACQUISITIONS FALL: The number of cross-border mergers and acquisitions in publishing fell dramatically in the first six months of 1992, according to a study released by KPMG Peat Marwick. The figures analyze cross-border M&A trends in the publishing industry since 1989. In 1989, there were 106 acquisitions worth $5.4 billion. In the first six months of 1992, there were 23 worth $56 million. WESTPORT OFFERING EFFECTIVE: Westport Bancorp Inc. said Wednesday the Securities and Exchange Commission declared its rights offering effective. Westport Bancorp is the holding company for Westport Bank & Trust Co. Stockholders can purchase one additional share for every two shares owned as of Feb. 21. The rights offering is part of Wesport's recapitalization plan after a private stock placement. FORSTMANN TO ACQUIRE DEPT. 56: Forstmann Little & Co. said Wednesday it reached a definitive agreement to acquire Department 56 Inc. for $270 million cash. Department 56 is a closely held company based in Minneapolis. Forstmann said it will draw the purchase funds from its own capital and will have $2 billion left after completing the acquisition. Department 56 supplies ceramic and porcelain collectibles. ENVIROFIL IS IN DEFAULT: Envirofil Inc. said Wednesday it was in default on its outstanding 10% convertible subordinated notes due Sept. 1, 1996. The company failed to make scheduled interest and principal payments. Envirofil said it also is in default on certain other obligations and did not have enough cash to make scheduled debt obligations. NATIONSBANK MERGER FINALIZED: NationsBank said Wednesday it will complete the merger in NCNB and C&S in Florida, effective Thursday. The branches hardest-hit by Hurricane Andrew are operating and will convert on schedule, according to Gene Taylor, president of the Florida unit. NationsBank operates full-service banks in nine states and the District of Columbia. Business Law Editor: Beth Mann. (919-855-3491) Making copies of USA TODAY Update (Copyright, 1992) for further distribution violates federal law. This article is copyright 1992 Gannett News Service. 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