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FOR IMMEDIATE RELEASE
August 27, 2002
Scanvec Amiable Limited and Scanvec Amiable, Inc. filed a lawsuit on Tuesday, August 27, 2002 in U.S. Federal Court for damages and injunctive relief against four former employees and a newly formed company.
Scanvec Amiable Limited and Scanvec Amiable, Inc. filed a lawsuit on Tuesday, August 27, 2002 in U.S. Federal Court for damages and injunctive relief against four former employees and a newly formed company for misappropriation of confidential business and trade secret information and unfair competition under the Lanham Act, 15 U.S.C. § 1051 et seq., and for violations of related Pennsylvania common law.
The United States District Court for the Eastern District of Pennsylvania issued the following Order on Tuesday, August 27, 2002:
TEMPORARY RESTRAINING ORDER AND ORDER FOR HEARING ON PRELIMINARY INJUNCTION
“It is hereby ORDERED, that Jim Chang, Yuan Chang, Randy Nepomuceno, Luciana Chang (the “Individual Defendants”), Amica Software, Inc. (“Amica,” together with the Individual Defendants, the “Defendants”), and each of their directors and officers, agents, representatives, servants, employees, successors, assigns and all other person, firms, corporations acting in concert, privity, or participation with them, are hereby immediately and temporarily enjoined from:
- developing, reproducing, copying, duplication, disseminating, publishing, transmitting, distributing, displaying, storing, uploading, downloading, offering or otherwise making available the ColorPRINT computer software or any derivation or derivative product thereof, or any unauthorized copies of Plaintiffs’ PhotoPRINT software;
- infringing, diluting, or tarnishing in any manner whatsoever Plaintiffs’ reputation, goodwill, and exclusive rights in and to its “PhotoPRINT” mark;
- removing, disposing, discarding, transferring, modifying or deleting in any manner any computer software, computer hardware, or other data used in connection with Defendants’ copying of Plaintiffs’ PhotoPRINT computer software products, including
but not limited to all documents and files in any media relating to the ColorPRINT or PhotoPRINT computer software, records, logs or other documents, in any media, that relate to or constitute the unauthorized copying, reproduction, duplication, dissemination or distribution of any of Plaintiffs’ PhotoPRINT computer software products or the trade secrets contained therein or that reflect the identity of any persons to whom or from whom Defendants transmitted and/or obtained any unauthorized copies of Plaintiffs’ PhotoPRINT computer software products and from assisting, aiding or abetting any other person or business entity from engaging in or performing any of the above-described acts:
- passing off, inducing or enabling others to sell or pass off any computer software goods provided by Defendants as originating from or associated with Plaintiffs, which are not Plaintiffs’ computer software products or are not rendered by or under the control or supervision of Plaintiffs and approved by Plaintiffs; directly or indirectly engaging in any acts or activities calculated to trade upon and/or tarnish Plaintiffs’ trademarks and/or the PhotoPRINT computer software products, and/or Plaintiffs’ trade secrets or goodwill of Plaintiffs, or in any manner to compete with Plaintiff unfairly;
- using in the sale, offering for sale, promotion, advertising, marketing and/or distribution of its computer software goods, the marks AMIABLE, ColorPRINT, AMICA or PhotoPRINT, and/or the PhotoPRINT computer software products, or any mark which is a substantially similar variation of, simulates or imitates or is confusingly similar to Plaintiffs’ trademarks, in such a manners at deceive, or to falsely describe or represent the source of goods or other-wise create confusion upon the purchasing public or the trade;
- disclosing or using any of Plaintiffs’ trade secret or other confidential or proprietary information and from directly or indirectly from soliciting any of Plaintiffs’ current or former employees to disclose any of Plaintiffs’ trade secret or other confidential or proprietary information;
- directly or indirectly from soliciting any of Plaintiffs’ customers or inducing or attempting to induce any of Plaintiffs’ employees to terminate their employment relationship with Plaintiffs; and
- trading on Plaintiffs’ reputation or goodwill or competing unfairly with Plaintiff in any manner whatsoever;
Dated this 27th day of August, 2002.”
We will keep you informed on the status of this case via future announcements.
Contact:
Josh Newman
joshn@scanvecamiable.com
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