Wednesday, July 6, 2011

Traverse Internet Law Federal Court Report: July 2011 - 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.


STABLETRACKER.COM, INC. v. ROBERT SEITZ and MY SUPPORT SERVICES GROUP, LLC
SOUTHERN DISTRICT OF FLORIDA (MIAMI)
1:11-CV-22322
FILED: 6/27/2011

Make sure you have confidentiality, non-compete, and other contractual protections in your contracts with technology developers. It doesn’t look like such contract terms existed in this relationship.

StableTracker is a Florida corporation that has been developing software for the trotting-horse industry. Defendant Seitz is a contractor working on the software. The parties got into a disagreement and the Defendants have indicated their intent to market and license the software allegedly developed for the Plaintiff to third parties.

Defendants are accused of misappropriation of trade secrets, unjust enrichment, breach of fiduciary duty, civil theft, conversion, copyright infringement, deceptive and unfair trade practices, common law unfair competition, and tortious interference with a business relationship. Plaintiff requests that the Defendants’ trademark is cancelled due to lack of bona fide intent to use trademark and trademark fraud and requests that the court award actual damages, consequential damages, punitive damages, pre-judgment and post-judgment interest, and such further relief the Court deems proper. Traverse Internet Law Federal Court Report Cross-Reference Number 1505.