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.
FREE FOR ALL, INC. and BURT CROWLEY BENEFIT SOLUTIONS, LLC v. MATTHEW FOWKES, ET AL.
DISTRICT OF NEW JERSEY (CAMDEN)
1:10-CV-02927
FILED: 6/10/2010
So many understandings and agreements in business arise in an oral setting in which a formal written memorandum of understanding is absent. This is understandable to some extent given the speed at which deals occur in the online world. However, businesses need to develop a feeling as to what liabilities and downside risks could attach when there are “misunderstandings” as to an oral deal, and seriously consider formalizing agreements in the appropriate circumstances.
The Plaintiffs are in the business of marketing a national pharmacy discount program. The Defendants and Plaintiffs entered into a business understanding and the Plaintiffs now claim that the Defendants began competing against them directly and misappropriated trade secret information.
The Plaintiffs allege trademark infringement, breach of contract, breach of the covenant of good faith and fair dealing, breach of agreement to form a joint venture, oppression of minority member’s interest, common law unfair competition, and breach of fiduciary duty. The lawsuit requests injunctive relief, declaratory relief, and the imposition of a constructive trust. Damages include compensatory damages, treble damages, attorneys’ fees, and any other such relief the Court deems equitable. Traverse Internet Law Cross-Reference Number 1433.
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