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.
DIABLO MEDIA, LLC v. H2H IINTERACTIVE, INC., ET AL.
DISTRICT OF COLORADO
Defendant Mirsky was a vice president of business development for Diablo. He had signed a Non-Compete and Non-Disclosure Agreement but allegedly violated both in starting a competing enterprise. Remember that no matter how solid your contracts are the only real assurance you have that a former employee is not going to compete against you unfairly is the potential threat of litigation. If you are dealing with someone who has nothing to lose and does not fear the consequences of being sued you are in a potentially high-risk situation.
Diablo is an Internet marketing company that specializes in “affiliate advertising”. The Defendants are employees who left and began a competing company doing business with affiliate marketers. The Defendants are alleged to have repeatedly misrepresented to Diablo’s advertisers and affiliates that Diablo was on the verge of going out of business. The Plaintiff claims this factual representation was false.
Plaintiff alleges false advertising, trade libel, misappropriation of trade secrets, and breach of contract. The prayer for relief requests that the Court enter a judgment against Defendants for compensatory damages for false advertising and trade libel, compensatory damages for breach of contract, and treble and exemplary damages for oppression, fraud, and malice. Prayer for relief also requests an award of all attorneys’ fees and costs for action. Traverse Internet Law Cross Reference Number 1564.