SACRAMENTO – A Georgia corporation alleges a Porterville company and two of its associates copied a product design after terminating the relationship between the parties.

PolyPortables LLC filed a complaint on Aug. 31, in the U.S. District Court for the Eastern District of California against Endurequest Corp., Ken Dewing, Robert Davis and Does 1-20, citing alleged misappropriation of trade secrets, breach of contract, breach of duty of loyalty, aiding and abetting in breach of duty of loyalty and unfair competition.

According to the complaint, the plaintiff alleges that in January 2000, it contracted with Endurequest and its founder Dewing to provide warehousing and assembly services for plaintiff's portable toilets, parts, and assemblies. The suit states that part of the contract stated that all parts, sub-assemblies and units shall remain the sole property of plaintiff.

In January, the defendants terminated their relationship with plaintiff and allegedly designed with its own portable sink product that bears similar design to one of plaintiff's Tag Along sink, which plaintiff believes were directed by the defendants with the help of its former employee, Davis. As a result, the plaintiff alleges it faces irreparable injury, including loss of trade secrets, confidential information, customers and profit. 

The plaintiff holds Endurequest Corp., Dewing, Davis and Does 1-20 responsible because the defendants allegedly breached the express terms of the agreement by using plaintiff's confidential information to design, manufacture, market, and sell their new product, and obtained profit at the expense of plaintiff's reputation and goodwill.

The plaintiff requests a trial by jury and seeks judgment against the defendants, damages, injunctive relief, attorneys’ fees and costs of suit and further relief as the court deems just. It is represented by Merri A. Baldwin, Joshua M. Deitz and Si Eun Amber Lee of Rogers Joseph O'Donnell in San Francisco.

U.S. District Court for the Eastern District of California Case number 1:16-cv-01291

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U.S. District Court for the Eastern District of California
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Sacramento, CA - 95814

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