Gimme Vending sued Massachusetts-based Synectic which provides software under the name VendSys, for breach of contract and a variety of business torts alleging improper behavior in connection with a failed joint venture.
In connection with granting the injunction, the Court stated "Synectic has converted materials that are owned by Gimme to its own use. The demand for return and expungement was sufficiently clear and the lack of right to these materials on the part of Synectic, once the joint venture had, as a functional matter, sputtered out, is sufficiently clear that those materials should have been returned accordingly."
After a two day trial, the Court found that Synectic had converted proprietary information owned by Gimme for its own use and specifically had included portions of Gimme's proprietary software in versions of the VendSys Mobile X App.
As a result, the Court entered a permanent injunction that requires Synectic to: (1) return any Gimme Keys in their possession; (2) expunge from their computer systems and products, including certain versions of the VendSys Mobile X App, any of Gimme's proprietary software; and (3) provide notice to anyone who downloaded or who offers certain versions of the VendSys Mobile X App that they contain Gimme's proprietary information and that such versions may not be further downloaded or used.
"We are very pleased with the Court's decision that recognizes Gimme Vending is entitled to an injunction," said Cory Hewett, CEO and co-founder of Gimme Vending. "This validates our right to protect the unique intellectual property we have worked so hard to develop. It is deeply disappointing we had to defend ourselves in this way. It is our shared responsibility to work together for the mutual benefit of the customers we serve, especially in a niche market like ours. There is plenty of room for partnerships, alliances, and certainly even productive rivalries. There should be no need for Gimme to have to resort to court action to protect its proprietary information."
About Gimme Vending
Gimme makes unattended retail a reality. The company builds award-winning mobility and tracking tools to manage unmanned retail locations, like vending machines and micro-markets, helping their customers increase productivity and profitability. Currently, Gimme builds hardware and software for vending companies. Gimme's award-winning, and copyrighted, and patented plug-and-play solution replaces legacy handhelds to deliver valuable data, like purchasing patterns, and provide operators with better cash accountability, inventory tracking, and machine status data. This translates into fewer stock-outs, faster warehousing and restocking, and streamlined product planning. Gimme's technology scores each point-of-sale in the network based on the suitability of inventory to consumers on location and helps track what's happening in the field, where the cash and inventory are, all in real time, without end-of-day downloading, synchronizing, or hand-keying. For more information, visit www.vending.ai or connect with Gimme on Twitter.
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