Tags
Breach of Contract (Competing During Employment), Breach of Contract (Confidentiality), Breach of Contract (Fiduciary Duty of Loyalty), Civil Conspiracy, False Designation of Origin, Indiana Uniform Trade Secrets Act, Mark J. Dinsmore, Richard L. Young, Unfair Competition, Violation of the Defend Trade Secrets Act of 2016
This lawsuit involves a rural broadband internet provider and an ex-employee who allegedly misappropriated proprietary information to set up a competing company.
The primary Defendant, Jarman, is alleged to have undertaken several actions contrary to the interest of his employer, as well as making false representations of an ongoing affiliation with the Plaintiff, Watch Communications of Rushville, Indiana, while conducting business on behalf of his new company. While much of the Complaint (below) implicates employment law issues, readers of the Indiana Intellectual Property Blog will be particularly interested in the “false designation of origin” claim based on an unregistered trademark, in addition to the trade secret claims. The Defendants are alleged to have misappropriated Plaintiff’s financial records, business, marketing, and strategic plans, customer lists, and personnel and payroll records regarding current and former employees, vendors, and suppliers.
As a reminder, a Complaint represents just one party’s side of the story, and the Defendants’ Answer may present the same scenarios in a much different light. Often the truth lies somewhere in the middle. Stay tuned for updates, particularly on the intellectual property-related claims.
Watch Communications v. Jarman et al.
Court Case Number: 1:21-cv-00550-RLY-MJD
File Date: Monday, March 8, 2021
Plaintiff: W.A.T.C.H. TV Company d/b/a Watch Communications
Plaintiff Counsel: Rachel J. Guin, Andrew P. Simmons of Rothberg Logan & Warsco LLP
Defendant: Greg Jarman, Roger Criblez, Tom Kolb, B.Todd Mosby, GRiT Technologies, LLC
Cause: False Designation of Origin, Unfair Competition, Breach of Contract (Confidentiality), Breach of Contract (Competing During Employment), Breach of Contract (Fiduciary Duty of Loyalty), Indiana Uniform Trade Secrets Act, Violation of the Defend Trade Secrets Act of 2016, Civil Conspiracy, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore
Complaint:
Besides a copyright claim, the Plaintiff also makes claims of Civil Conspiracy and Contributory Infringement and provides a list of 448 IP addresses alleged to have participated in a BitTorrent swarm with the named Defendant. If you’re a BitTorrent user, you’ll want to check the list (see Exhibit A below) and see if your IP address appears. If so, you could soon be a part of this lawsuit. That doesn’t mean it’s time to worry but you will want to begin to educate yourself on the case.
Indiana Intellectual Property Blog 