SAN DIEGO – A Pauma Valley corporation alleges a Polish company unlawfully used its confidential information to develop its own product.
Certified Nutraceuticals Inc. filed a complaint on May 26 in the U.S. District Court for the Southern District of California against Oleofarm SP. Z.O.O. and Does 1 through 10, inclusive alleging breach of written contract.
According to the complaint, the plaintiff alleges that on June 6, 2014, plaintiff entered into a written confidentiality agreement with the defendant wherein plaintiff would provide confidential, important, and/or proprietary information for the purpose of evaluating a possible transaction. Despite the written contract, plaintiff's proprietary information was allegedly used to manufacture defendant's own avian chicken Collagen Type II product.
The plaintiff allege the defendants failed its contractual obligations under the confidentiality agreement, used the proprietary information to the detriment of plaintiff's business and commercial interests and failed to use the Proprietary Information solely for the purpose of evaluating a possible transaction or relationship between the parties.
The plaintiff requests a trial by jury and seeks preliminary and permanent injunctive relief, award of compensatory damages, disgorgement of defendant's ill-gotten gains, costs, attorneys' fees, pre- and post-judgment interest, and any other relief the court may deem appropriate. It is represented by Robert Tauler of Tauler Smith LLP in Los Angeles.
U.S. District Court for the Southern District of California Case number 3:17-cv-01088-BEN-WVG