Cases from Massachusetts

Suffolk County Superior Court
America’s Test Kitchen Sues Former Host for Misappropriating Tasty Trade Secrets

America’s Test Kitchen Inc. (“Plaintiff”) owns multimedia publications and productions, including television programs such as America’s Test Kitchen, cooking magazines and books, and several websites. Plaintiff sued Christopher Kimball (“Defendant”), a celebrity chef and the former host of its TV shows. Plaintiff alleges that Defendant misappropriated its trade secrets and breached his fiduciary duty to the company. Plaintiff filed the lawsuit on October 31, 2016.

Defendant left Plaintiff’s program in November 2015, and recently developed his own program called Christopher Kimball’s Milk Street. Plaintiff alleges that Defendant created his company using its image to attract new customers, and marketed his program as an enhanced version of America’s Test Kitchen. Plaintiff also contends that Defendant stole from its collection of recipes, TV show ideas, media contacts, and subscriber information. It seems Plaintiff and Defendant did not have a formal non-compete agreement in place.

Plaintiff is seeking damages against Defendant and a disgorgement of all profits that he has derived through the use of the trade secrets he allegedly misappropriated from America’s Test Kitchen. Plaintiff’s complaint also names Melissa Baldino (Defendant’s wife), Christine Gordon, and Deborah Broide as defendants, and claims that they aided and abetted Defendant’s breach of his fiduciary duties.

The case is America’s Test Kitchen, Inc., v. Christopher Kimball et al., 1684-cv-03325.

Plaintiff’s complaint can be found here: http://tsi.brooklaw.edu/cases/americas-test-kitchen-v-christopher-kimball-et-al/filings/america%E2%80%99s-test-kitchen-sues-former-h

District Court for the District of Massachusetts
Marketing vendor alleges that Procter & Gamble misappropriated its strategic marketing plan

On August 2008, Electronic Arts (“EA”) launched Procter and Gamble’s ("P&G") joined together to promote P&G’s subsidiary Gillette. The strategic alliance is now the subject of a lawsuit filed by Alternative Productions, Inc. (“API”) against P&G in Massachusetts federal court on August 23, 2011.

API alleges that a former P&G marketing consultant, Michael Fuccillo, approached it in June 2007 to discuss a strategic plan for a Nascar promotional campaign for Gillette. API delivered a marketing plan which included the “novel idea of establishing online, console-based gaming tournaments” through a partnership with EA. Fuccillo, however, informed API that Gillete had rejected the plan, which nonetheless became integrated into a larger marketing campaign produced by Gillette’s principal advertising agency.

API asserts that Fuccillo shared its strategic alliance plan with other P&G employees, in breach of his non-disclosure agreement with API. Additionally, it argues that P&G knew or should have known that the alliance plan with EA did not originate with Fuccillo, whose duties at P&G did not include creating marketing ideas.

Defendant's motion to dismiss the case for lack of jurisdiction is currently pending before the Court.

United States District Court for the District of Massachusetts (Boston)
Alleged misuse of software beyond the life of license agreement to discover software's unique processes

According to a copyright infringement complaint filed in the U.S. District Court for the Central District of California, Merriam-Webster continued to use Questrel's “Just-in-Time English” software after negotiations between the two companies for a new license agreement fell through. Questrel’s lawsuit also alleges breach of contract and misappropriation of trade secrets. According to the complaint, the trade secret is Questrel’s software and related methods, techniques, or processes, which were misappropriated when Merriam-Webster continued to use the software without Questrel’s consent.

Pursuant to a forum selection clause in the License Agreement between the parties, the suit was transferred to the United States District Court for the District of Massachusetts on March 24, 2011.

United States District Court for the District of Massachusetts
Zebra Enterprise Solutions Changes Venue and Files for Declaratory Judgment

On June 10, 2015, Lynx Systems Developers Inc. (“Lynx”) sued Zebra Enterprise Solutions Corp. (“Zebra”) in the United States District Court for the District of Massachusetts for a number of claims including misappropriation of trade secrets, breach of contract, and fraud. The dispute between the two parties stemmed from a joint venture the parties engaged in to build a system that would track NFL football players’ actions in real time using hardware installed in players’ shoulder pads. The business relationship between the parties disintegrated and the parties then developed competing tracking systems independently. After Zebra won a contract with the NFL, Lynx brought the initial suit in Massachusetts District Court.

Last week, in response to the complaint, Zebra filed a motion to dismiss the suit in Massachusetts District Court and on August 20, 2015, brought a new complaint against Lynx in Santa Clara County Superior Court in Santa Clara, California. Zebra’s complaint pleads for declaratory relief of no (1) trade secret misappropriation, (2) breach of contract, (3) interference with existing and advantageous business relationships, (4) fraud, (5) breach of fiduciary duty, (6) unfair competition or unfair or deceptive acts, (7) unjust enrichment, (8) conversion, and (9) intentional interference with prospective contractual and advantageous business and economic relationships. The California case is filed under docket number 115CV284620.