VerdictSearch Texas Reporter
United States District Court, S.D. Texas, Houston Division
No. 4:06-cv-03573
Judge Lynne M. Hughes ruled that CI and Devine used the plaintiffs' confidential data and attempted to sell it for its own gain. Judge Hughes granted the plaintiffs' motion for summary judgment and issued an order forbidding CI and Devine from using the plantiffs' data and confidential information.
In 2001, plaintiffs Petroconsultants SA and Information Handling Services Inc.--companies that gather and store data for oil and gas exploration and production entities--entered into an agreement with plaintiff TGS Nopec Geophysical Co., LP. The agreement granted TGS the rights to use certain
confidential data.
In November 2004, TGS entered into a consulting agreement with Concessions International to analyze areas of the Middle East and Africa for possible business expansion. While it had access to confidential data through TGS, CI was prohibited from sharing the data with third parties or continuing to use it after the contract expired.
In March 2005, TGS terminated its contract with CI.
The plaintiffs sued CI and CI President William Devine for unfair competition and trademark infringements under the Lanham Act, misappropriation of trade secrets and confidential information and conversion.
The plaintiffs claimed the TGS terminated its contract with CI because Devine was divulging information from its database to other parties. After the contract was terminated, the plaintiffs claimed that Devine was still allowed access to the database and was still using it and divulging confidential information to other parties. The plaintiffs claimed that, despite warning letters, Devine continued to market, offer for sale and presumably sell confidential data.
