Traverse Internet Law Federal Court Report: August 2010 Trade Secret Violation Lawsuits

Traverse Internet Law Disclaimer

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.


DIRECT-MARKETING AND VERTRIEBS AG v. ERIC HERBST and FFI CORPORATE LLC
DISTRICT OF CONNETICUT (NEW HAVEN)
3:10-CV-01386
FILED: 8/31/10

When you end a business relationship don’t think that because you have acquired information about your former business partner you have the right to release that information into the public domain. Pricing and customers lists are classic examples of traditional trade secrets, and many state trade secret laws allow for the award of damages and the recovery of attorneys’ fees.
Plaintiff is a manufacturer and marketer of household and bathroom items. The corporate Defendant was previously an exclusive distributor of the Plaintiff’s Everloc® products and Defendant Herbst is the CEO of FFI Corporate, LLC. Herbst is alleged to have launched a website that includes links to confidential and proprietary pricing lists. Herbst also is threatening the release of the Plaintiff’s confidential mailing list of Everloc® customers he had obtained pursuant to his distributorship relationship.

Plaintiff is alleging violation of the Connecticut Uniform Trade Secrets Act, trademark misuse, false advertising, cybersquatting, unfair trade practices, illegal recording of private telephonic communications, defamation, and breach of contract. The prayer for relief includes requests for preliminary and permanent injunctive relief along with actual, compensatory, consequential, and punitive damages, double damages, and costs and attorneys’ fees. Traverse Internet Law Cross-Reference Number 1444.