Thursday, April 21, 2011

Traverse Internet Law Federal Court Report: April 2011 - Copyright Infringement Cases


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.


LESAFFRE YEAST CORPORATION v. FERMATRIX, LLC and PETER KRASUCKI
EASTERN DISTRICT OF MISSOURI (ST. LOUIS)
4:11-CV-00501
FILED: 03/16/2011

In this case the Defendant is a former employee who allegedly signed a rather extensive employment contract which contained non-disclosure and non-compete agreements. Remember that non-compete agreements are often found to be non-enforceable. And even if you have a contract preventing a former employee from using your property there obviously is no guarantee he will refrain from doing so. Contracts in and of themselves do not create a bullet-proof environment and sometimes lawsuits simply cannot be avoided.

The Plaintiff provides products and services to a variety of customers in the food and beverage industry relating to yeast products and yeast applications. The Defendant is a former employee who formed a corporation to compete against the Plaintiff. The Plaintiff alleges that the Defendants’ website contains extensive materials owned by the Plaintiff and are copyright protected.

The Plaintiff alleges trademark/trade dress infringement, violation of copyright, misappropriation of trade secrets, and breach of contract. Damages requested include injunctive relief against the Defendant along with compensatory damages, punitive damages, attorneys’ fees and costs, and any further relief the court deems just and proper. Traverse Internet Law Cross-Reference Number 1481.

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