• Recent Posts: Influencer Relations

    Is this how the Quadrant lost its Magic?

    Is this how the Quadrant lost its Magic?

    Gartner’s Magic Quadrant is the most influential non-financial business research document. In the late 1980s, it was a quick and dirty stalking horse to provoke discussions. Today it is an extensive and yet highly limited process, based on the quantification of opinions which are highly qualitative. The early evolution of the MQ tells us a lot about the challenge of industry […]

    Saying farewell to David Bradshaw

    Saying farewell to David Bradshaw

    A funeral and celebration for David Bradshaw (shown left in this 2000 Ovum awayday photo, arm raised, with me and other colleagues) is to take place at West Norwood Crematorium, London SE27 at 2.45pm on Tuesday 23rd August and after at the Amba Hotel above London’s Charing Cross Station, on the Strand. David considered that that Ovum in that incarnation was […]

    David Bradshaw 1953-2016

    David Bradshaw 1953-2016

    David Bradshaw, one of the colleagues I worked with during my time as an analyst at Ovum, died on August 11. He led Cloud research in Europe for IDC, whose statement is below. David played a unique role at Ovum, bridging its telecoms and IT groups in the late 1990s by looking at computer-telecoms integration areas like CRM, which I […]

    AR managers are failing with consulting firms

    AR managers are failing with consulting firms

    Reflecting the paradoxical position of many clients, Kea’s Analyst Attitude Survey also goes to a wide range of consultants who play similar roles to analysts and are often employed by analyst firms. The responses to the current survey show that consultants are generally much less happy with their relationships with AR teams than analysts are. The paradox is that as […]

    Fersht: some IIAR award-winners “just tick the boxes”

    Fersht: some IIAR award-winners “just tick the boxes”

    Some of the firms mentioned by the IIAR’s analyst team awards fall short of excellence. That’s the verdict of several hundred analysts who took our Analyst Attitude Survey, and of the CEO of one of the top analyst firms. Phil Fersht left the comment below on our criticism of the IIAR awards. We thought we’d reprint it together with the […]

Gartner won dismissal of ZL lawsuit, but ZL can file an amended complaint

This dismissal by the judge hearing the case does not mean the issue has been settled as ZL Technologies can pursue other legal options.

Related SageCircle posts:

From the Research Magazine website: Round one goes to Gartner in libel battle

5 November 2009 | By Brian Tarran

Gartner has succeeded in dismissing a libel complaint brought by a software company angry at being described as a ‘niche’ player – though the vendor has been granted leave to file an amended complaint.

ZLTI v Gartner in logos

District Court Judge Jeremy Fogel agreed with the IT analyst’s argument that its Magic Quadrant reports and the positioning of ZL Technologies in the ‘niche’ quadrant constituted “non-actionable opinion”.

ZL had argued that its placement in the reports was derogatory “because they are understood by technology purchasers as a warning, by Gartner, that ZL and the ZL products are not good choices for enterprise email archive applications”.

The company claimed to have suffered damages of at least $132m “as a direct and proximate result of Gartner’s defamatory statements”.

However, Judge Fogel noted, “There is no allegation that Gartner actually said that ZL is not a good choice.”

In granting the research firm’s motion to dismiss, the judge left the door open for ZL to submit an amended complaint within 30 days – though leave to amend has been denied for claims made by ZL under California laws on unfair competition and false advertising.

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