« Trade Secrets Case Highlights Electronic Records Issues | Main | PROPOSING A MECHANISM FOR REMOVING TRADE SECRETS FROM THE INTERNET »

Jury Verdict : Parties Traded Suits Over Use of Plaintiffs' Customer List

The plaintiffs sought $171,000 for lost profits, $320,000 for punitive damages, and an unspecified amount for general damages and costs incurred to replace the defendants' services.
In January 2003, plaintiffs Huong Que Inc. and Con Tu purchased a calendar-publishing business from Mui Luu and Cu Tu Nguyen, who were also retained as managing agents. Instead of working for the plaintiffs, Luu and Nguyen worked with their cousins and other business associates to establish a competing calendar company, according to reports, using the plaintiffs' customer list to solicit customers.
The plaintiffs sued Luu and Nguyen for breach of contract, breach of the covenant of good faith and fair dealing, misappropriation of trade secrets, interference with prospective economic advantage, unfair competition and unjust enrichment.
The defense argued that Luu and Nguyen did nothing wrong because they were not "owners" of the competing calendar company.
Luu and Nguyen cross-complained for defamation and invasion of privacy.
The plaintiffs won a temporary restraining order and preliminary injunction, which the defendants appealed, but lost when the court of appeal affirmed the lower court's decision in a published opinion, Huong Que Inc. v. Luu(2007) 150 Cal.App.4th 400.
On the cross-complaint, Luu and Nguyen sought an unspecified amount for harm to reputation and general damages.

Superior Court, Santa Clara County.
Huong Que Inc. and Con Tu v. Mui Luu and Cu Tu Nguyen
No. 1-05-CV-045811

DATE OF VERDICT/SETTLEMENT: December 21, 2007

Parties Traded Suits Over Use of Plaintiffs' Customer List

SUMMARY:
RESULT: Verdict-Plaintiff
The jury awarded the plaintiffs $530,348.60, but the defendants recovered $5,002 on the cross-complaint.

EXPERT WITNESSES:

Plaintiff: Mark Cohen; Economics; Lafayette, CA

Defendant: Michael E. Solt, Ph.D.; Economics; San Jose, CA

ATTORNEYS:
Plaintiff: Ann A. Nguyen; Robinson & Wood Inc.; San Jose, CA (Huong Que Inc. and Con Tu)
Defendant: Leslie A. Holmes; Hogan Holmes & Usoz LLP; San Jose, CA (Cu Tu Nguyen, Mui Luu)

JUDGE: Brian Walsh

RANGE AMOUNT: $500,000-999,999
STATE: California

COUNTY: Santa Clara

About

This page contains a single entry from the blog posted on September 17, 2008 10:33 PM.

The previous post in this blog was Trade Secrets Case Highlights Electronic Records Issues.

The next post in this blog is PROPOSING A MECHANISM FOR REMOVING TRADE SECRETS FROM THE INTERNET.

Many more can be found on the main index page or by looking through the archives.