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.
ALOHA DATA SYSTEMS, INC. v. JEROLD D. CIBLEY
DISTRICT OF NEVADA (LAS VEGAS)
2:10-CV-00668
FILED: 5/07/2010
The amount of damage that can be caused by a former employee, contractor, or a supplier to the reputation of a business is profound. When faced with a problem like this, the best approach is to act quickly, attempt to resolve the matter immediately by going directly to the former employee or business associate, and if the problem is not resolved at that point a lawsuit is necessary.
Aloha Data Systems, Inc. is a business located in Nevada involved in providing software and technical support services. Defendant Cibley was hired as an independent contractor for sales and licensing of the Plaintiff’s products and services. Mr. Cibley left the employ of the Plaintiff and launched a website that displayed allegedly disparaging comments about the Plaintiff and its principals. He is alleged to have also sent many of the Plaintiff’s customers an email message disparaging the Plaintiff.
Causes of Action include false designation of origin, cybersquatting, common law trademark infringement, misappropriation of confidential information, misappropriation of licensable commercial property, unjust enrichment, business disparagement, intentional interference with prospective contractual relationships, and breach of contract. Plaintiff requests preliminary and permanent injunctive relief, transfer of Defendant’s domain names, an accounting of profits, actual damages, compensatory damages, treble damages, general damages, punitive damages, statutory damages no less than $1,000, costs, disbursements, attorneys’ fees, pre-and post-judgment interest, and other relief the Court deems just. Traverse Internet Law Cross-Reference Number 1432.
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