Wednesday, February 2, 2011

Traverse Internet Law Federal Court Report: November, 2010 - Trade Secret Violation Lawsuits


The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.


ECARLIST, LLC v. MY DEALER BIZ LLC, ET AL.
NORTHERN DISTRICT OF TEXAS (DALLAS)
3:10-CV-02045
FILED: 10/8/2010

Trade secrets are another type of intellectual property that can be misappropriated. As a business owner you would be well advised to identify your trade secrets within your business and protect them vigorously because shielding your trade secrets from competitors may be the only way to protect your strategic advantage in the marketplace.

Plaintiff provides Internet-related service such as inventory management, vehicle inventory listing management, digital paperwork, vehicle pricing analytics, and website design to automobile dealerships. Defendants are competitors. Defendants are alleged to have gained access to Plaintiff’s trade secrets including its software layouts and methodology used to create its applications and, using those trade secrets, developed a “knock-off” of Plaintiff’s software to sell to the automotive industry.

Defendants are charged with trade secret misappropriation, violation of Texas Penal Code Chapter 33:02, trade dress infringement, business disparagement, unfair competition, and conspiracy. Plaintiff requests that the Court enter in a judgment granting maximum statutory damages, actual damages, exemplary damages, and reasonable attorneys’ fees and costs. Traverse Internet Law Cross-Reference Number 1448.

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