Friday, March 20, 2009

Traverse Internet Law Federal Court Report: February 2009 Trade Secret Violations 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.


ENVIROGLAS PRODUCTS INC, ET AL. v. ENVIROGLAS LLC AND TIMOTHY WHALEY
NORTHERN DISTRICT OF TEXAS (DALLAS)
3:09-CV-00265
FILED: 2/10/2009

With all of the layoffs going on right now in our economy it is particularly important that your business protect its intellectual property and take appropriate precautions to manage the process of ending employment.

EnviroGLAS Products, Inc. is a Texas corporation. The Defendant, EnviroGLAS, LLC, is also a Texas corporation started by the former president of the Plaintiff, Timothy Whaley. The lawsuit alleges that Whaley, after leaving his position at EnviroGLASS, continued to access his old email accounts without authorization, use domain names of his former employer, and has flooded the Internet with his former employer’s name, trademark, website, email addresses, domain names, and related patents to further the Defendant’s interest.

The claims for relief in the lawsuit include breach of fiduciary duty against Whaley, fraud against Whaley, conversion as to all Defendants, tortious interference with existing relationships, tortious interference with prospective relations, Theft Liability Act violations, Computer Fraud and Abuse Act violations, misappropriation of trade secrets, false representation, unfair competition, injury to business reputation, trademark infringement, Quantum Meruit, violations of the Anti-Cybersquatting Consumer Protection Act, and an award of compensatory, statutory, punitive damages as well as attorneys’ fees and costs. Traverse Internet Law Cross-Reference Number 1289.




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