Friday, September 21, 2012

Traverse Internet Law Federal Court Report: June 2011 - Hacking 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.

Tuesday, July 3, 2012

Traverse Internet Law Federal Court Report: June 2012 - Hacking Lawsuits


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.


MRI SOFTWARE, LLC v. LYNX SYSTEMS, INC.
NORTHERN DISTRICT OF OHIO
1:12-CV-01082-CAB
FILED: 05/01/12

This lawsuit includes many different legal bases for recovery but with respect to “hacking” the claims relate to a violation of the Computer Fraud and Abuse Act.  The Defendant is alleged to have repetitively accessed the Plaintiff’s computer systems to obtain information in order to provide service for the Plaintiff’s products and services.  This type of aggressive business practice, if true, is becoming more prevalent.  While businesses in the past have allowed this type of business to thrive, today we see a much more aggressive effort to protect intellectual property and enforce the laws. 

The Plaintiff is a software manufacturer and Lynx is alleged to have illegally accessed its computers, obtained and created derivative works of its software, and used those works in unlawful ways to offer low-cost support and maintenance for MRI Software.

The lawsuit alleges copyright infringement, unfair competition, misappropriation of confidential business information and/or trade secrets, trespassing, breach of agreement, intentional or negligent interference with existing and prospective economic advantage, trademark infringement, commercial disparagement, false advertising, deceptive trade practices, and unjust enrichment. The Plaintiff MRI Software requests that Defendant Lynx Systems be preliminarily and permanently enjoined from further copyright infringement, trademark infringement, and from engaging in any acts of unfair competition, unfair practices, trespassing, or computer fraud against Plaintiff MRI.  Plaintiff requests that Defendant Lynx be ordered to return MRI’s property including MRI Software and promotional materials and that MRI receive treble, punitive, exemplary, and statutory damages in addition to the recovery of costs for this action, reasonable counsel fees, and pre-judgment and post-judgment interest. CyberTrialLawyer.com Cross Reference Number 1569.

Thursday, March 22, 2012

Traverse Internet Law Federal Court Report: March 2012 - Hacking Lawsuits


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.


RITLABS, S.R.L. v. RITLABS, INC., ET AL.
EASTERN DISTRICT OF VIRGINIA (ALEXANDRIA)
1:12-CV-00215-AJT-IDD
FILED: 2/28/2012

Whenever an employee or contractor is no longer providing service to your company you need to change all passwords so there can be no further unauthorized access.

The Plaintiff is an Internet technology and software provider located in Moldova. Defendant Demcenko is alleged to have formed a Virginia corporation in the name of the Plaintiff and held itself out as a branch or affiliate of the Plaintiff, all without Plaintiff’s knowledge. Defendant Demcenko is alleged to have accessed the Plaintiff’s domain name registrant account and misappropriated several important domain names owned by the Plaintiff.

Allegations in the lawsuit include cybersquatting, breach of fiduciary duty of loyalty, false designation of origin, violation of the Computer Fraud and Abuse Act, conversion, tortious interference with contractual relations, tortious interference with prospective economic advantage, and unfair competition. The Plaintiff’s prayer for relief requests that the Court issue temporary and permanent injunctive relief from further infringement, the transfer of all infringing domain names, the award of actual, consequential, and statutory damages, Defendants to disgorge all ill-gotten gains, the payment of attorneys’ fees and costs, and all other relief as the Court deems just and proper. Traverse Internet Law Federal Court Report Cross-Reference Number 1549.