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DE
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13-4098266
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(State or Other Jurisdiction of
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(I.R.S. Employer
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Incorporation or Organization)
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Identification No.)
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[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act(17CFR240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act(17CFR240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act(17CFR240.13e-4(c))
Items to be Included in this Report
The press release is filed as Exhibit 99.1 to this Current Report on Form 8-K.
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NYMEX Holdings, Inc.
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Date: October 03, 2005.
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By:
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/s/ James E. Newsome
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James E. Newsome
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President
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Exhibit No.
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Description
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EX-99.1
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Press Release
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Exhibit 99.1
NYMEX TO APPEAL DECISION IN ICE LITIGATION
NEW YORK, N.Y., October 3, 2005 -- The New York Mercantile Exchange, Inc. (NYMEX), was informed on Friday afternoon that Judge John G. Koeltl dismissed NYMEX's claims for copyright and trademark infringement against IntercontinentalExchange (ICE), arising out of ICE's copying of NYMEX's settlement prices for Henry Hub natural gas and light, sweet crude oil and related uses of NYMEX trademarks.
Last year, the judge dismissed ICE's antitrust counterclaims, expressly stating that "NYMEX has a legitimate business interest in preventing its competitor, ICE, from free-riding on NYMEX's settlement prices." The judge's recent opinion did not reach NYMEX's claims against ICE for dilution of NYMEX trademarks under a state statute and wrongful interference with the market data agreement between NYMEX and a vendor.
Noting that they involved factual issues, the court dismissed those claims without prejudice to NYMEX's re-introducing those claims in state court.
NYMEX President James E. Newsome said, "We are currently reviewing our options. We believe that the court's recent opinion and order is incorrect, and expect to appeal the decision."
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Forward Looking and Cautionary Statements
This press release may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act, with respect to our future performance, operating results, strategy, and other future events. Such statements generally include words such as could, can, anticipate, believe, expect, seek, pursue, and similar words and terms, in connection with any discussion of future results. Forward-looking statements involve a number of assumptions, risks, and uncertainties, any of which may cause actual results to differ materially from the anticipated, estimated, or projected results referenced in forward-looking statements. In particular, the forward-looking statements of NYMEX Holdings, Inc., and its subsidiaries are subject to the following risks and uncertainties: the success and timing of new futures contracts and products; changes in political, economic, or industry conditions; the unfavorable resolution of material legal proceedings; the impact and timing of technol ogical changes and the adequacy of intellectual property protection; the impact of legislative and regulatory actions, including without limitation, actions by the Commodity Futures Trading Commission; and terrorist activities and international hostilities, which may affect the general economy as well as oil and other commodity markets. We assume no obligation to update or supplement our forward-looking statements.