Free Judgment - District Court of Connecticut - Connecticut

4 Case 3:03-cv—00663—RNC Document 25 Filed 10/30/2003 Page 1 of 3
A UNITED STATES DISTRICT COURT _ A
x DISTRICT OF CONNECTICUT _ __;i ._.= tl gag-jj rfgy
I . I-I l ph jh =I. L _, gl ,
David Krnsley, Richard Sarkis, Aaron Snyder,
V Platinumreps.com, LLC and Ramez Sarkis, .» T :v- rj YY? l* Ti 2 l
i_,?_,L _,»k ¤
Plaintiffs, 3:03 CV 663(RNC). L ;_j_;_ Tj{i' {
" A
V- { ; . \ I ° I `
Michael Chambrello, l
Matthew Florian, _
Richard Gates, FINAL ORDER AND ”
Laurence Gay, JUDGMENT _ A
Thomas Panza, i
VoiceNet LLC a/k/a "VoiceNet Incorporated” ' `
and Book-Bundle.com, Inc. E
Defendants. H
WHEREAS, the plaintiffs commenced an action in the United States District Court for the
r
District Court of Connecticut, Docket Number 3:03 CV 663 (RNC), on April ll, 2003 by filing a
complaint seeking (A) declaratory and injunctive relief under 28 U.S.C. 2201 and 2202, clarifying
and settling the claims and rights ofthe respective parties to all property claimed by the defendants `
to be protected under the intellectual property laws ofthe United States and the Connecticut Uniform A
Trade Secrets Act (C.G.S.A. §35-51 et. seq.); and (B) monetary damages for fraud, conversion,
breach of fiduciary duty, breach of contract and violation ofthe Connecticut Unfair Trade Practices
Act ("CUTPA") (Connecticut General Statutes §42-l 10a et. seq.) (hereinafter, "the Lawsuit"); and
WHEREAS, by motion dated June 1 1, 2003, the defendants moved , pre-answer, to dismiss
the complaint on the ground that there is a lack of j urisdiction over the subject matter of this lawsuit;
and
WHEREAS, the defendants have withdrawn their motion to dismiss, and the parties have
waived all objections to the jurisdiction of this Court; and
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N _ P __ Case 3:03-cv—00663—FlNC Document 25 Filed 10/30/2003 Page 2 of 3
j WHEREAS, the parties have executed and filed a written settlement agreement entitled i
j "Settlement Agreement and`Mutual Release", dated August____, 2003, consenting to the entry of this j
Final Judgment and Order.
j Now, on the joint motion of the attorneys for the plaintiffs and the attorneys for the
j defendants it is hereby:
j ORDERED, ADIUDGED, DECREED AND DECLARED, Ramez Sarkis is joined as a l
{ plaintiff in this action, andthe caption is amended accordingly; and it is further
ORDERED, ADIUDGED, DECREED AND DECLARED, the prior, present or continued
use of any mark, design, logo, slogan, procedure, process, system, method of operation, item or i
l
compilation of information, concept, idea or expression thereof by either party or its heirs and I
assigns, shall not be grounds for any action or claim by either party against the other, including,
. . . ..,. . l
without limitation, any action or claim under the intellectual property laws of the United States,
including but not limited to the Copyright Act, as amended (17 U.S.C. §§ l 01 et seq.); the Lanham
Act, as amended ( 15 U.S.C. §§l05l et se.) or the patent laws (35 U.S.C. §§l et seq), or arising or
existing under the Connecticut Uniform Trade Secrets Act (C.G.S.A. §35—51 et. seq.); and it is I
further i
ORDERED, ADJUDGED, DECREED AND DECLARED, that neither party has a superior K
right, title or proprietary interest in any knowledge, information, or potential "trade secret" as that j
phrase is defined in Section 35-51 of the Connecticut Uniform Trade Secrets Act (C.G.S.A. §35-
5 l (d)), which was shared, learned, developed or acquired by either party, in the course of and/or as
a result of the parties’ prior association during the years 2000 through 2002 in the formation, E
development, management or control of BookBundle.com, Inc. Any prior, present or continued J
use or possession of such information or knowledge by either party does not constitute j
misappropriation, and shall not provide grounds for any action or claim against either party, J
including, without limitation, any action or claim for breach of contract, breach of implied covenant

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. /2003 Page 3 0
t 25 Filed 10/30
Case 3.03-CV-00663-RNC Documen
i of good faith and fair dealing, fraud, conversion, breach of fiduciary duty, or any action or claim
i under the Connecticut Uniform Trade Secrets Act (C .G.S.A. §35—5 I et. seq.); and it is further
ORDERED, ADJUDGED, DECREED AND DECLARED, that terms of Settlement
Agreement and Mutual Release executed by the parties are hereby approved and incorporated by
reference herein, and that this Court shall retain jurisdiction over the interpretation, implementation
or consummation of the terms ofthe Settlement Agreement and Mutual Release. \
irurau
Hon. Robert N. Cltzttigb]?
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