SAN FRANCISCO — An author is suing Education Dynamics LLC, EdPLUS Holdings LLC d/b/a Unigo Group LLC, Peter Enestrom, Dear Boy Ventures and GruberReview LLC, individuals, citing alleged breach of contract and copyright infringement.
Dr. Gary Gruber filed a complaint on Oct. 19, in the U.S. District Court for the Northern District of California against the defendants alleging that they breached their duties of good faith and fair dealing.
According to the complaint, the plaintiff alleges that he is recognized as the leading expert on standardized tests, test-taking methods, and critical thinking skills, and has published guides to taking tests such as the SAT and ACT. However, the plaintiff discovered that defendants were using some of his test preparation material on defendants' website, when in fact, the defendants had no agreement with him or permission to claim his endorsement, use his name or use his content.
The plaintiff holds Education Dynamics LLC, EdPLUS Holdings LLC d/b/a Unigo Group LLC, Peter Enestrom, Dear Boy Ventures and GruberReview LLC responsible because the defendants allegedly failed to compensate plaintiff for any material he owns that they have used in their website, and utilized plaintiff's name in its promotional references without his permission.
The plaintiff requests a trial by jury and seeks judgment against defendants, injunction barring defendants from further infringement and/or use of plaintiff's material or name, $100,000, plus interest and attorney’s fees, damages in the amount of $1 million and further relief as the court may deem just. He is represented by Karl Olson of Ram, Olson, Cereghino & Kopczynski LLP in San Francisco.
U.S. District Court for the Northern District of California Case number 4:16-cv-06059