Trade Secrets

February 10, 2025

Zurcher Tire Sues Former Employee Over Alleged Trade Secret Theft and Competitor Dealings

Zurcher Tire, Inc., a leading nationwide tire distributor based in Monroe, Indiana, has filed a lawsuit against Michael Boland, a former employee now living in Sturgis, Michigan. Boland worked for Zurcher as a sales representative from 2019 until his termination in 2024. During his time with the company, Boland had access to confidential business information, including customer lists, pricing, and other trade secrets that Zurcher goes to great lengths to protect.

Court documents show that after being informed in August 2024 that his employment would end due to policy violations, Boland remained on the payroll through October 18, 2024, but he deleted 146 emails containing sensitive company information. Shortly after, Boland began discussions with North Gateway Tire, a competitor, about a potential job. Zurcher alleges that Boland sent North Gateway detailed customer and pricing information while still employed by Zurcher, offering to use his connections to benefit the competitor.

Boland officially started working for North Gateway in November 2024, just days after allegedly sharing Zurcher’s proprietary information. Zurcher claims that Boland’s actions, combined with North Gateway’s use of the data, have unfairly hurt its business.

January 27, 2025

FitzMark Sues Former Employee and Competitor Over Trade Secret Breach

By Overhauser Law Offices, LLC

FitzMark, LLC, a logistics brokerage firm in Indianapolis, Indiana, has filed a lawsuit against former employee Micah Adkins and Koola Logistics, LLC, alleging breaches of confidentiality, misappropriation of trade secrets, and interference with business relationships. Adkins, hired in 2017, signed an agreement in 2019 to protect FitzMark’s confidential information and refrain from using it in competition. After his termination in 2020, Adkins joined competitor Koola in 2024.

FitzMark claims Adkins used proprietary information, including customer data and pricing strategies, to solicit FitzMark clients, citing a voicemail he left for a customer in January 2025 referencing such information. The company seeks injunctive relief to stop the misuse, along with damages, attorneys’ fees, and costs.

The case has been filed in the Marion County Superior Court with Case No. 49D01-2501-002642.

February 21, 2023

Central Illinois Railroad Sues Former Employee for Misappropriation of Trade Secrets

By Overhauser Law Offices, LLC

Crowne Point, Indiana – The Plaintiff, Illinois Central Railroad (“IC”) filed suit against Defendant and former employee, Michael Belcher (“Belcher”) for Breach of Contract, Breach of Duty of Loyalty, Civil Conversion, Indiana Uniform Trade Secrets Act, Defend Trade Secrets Act, and Trespass to Chattels.

Per the Plaintiff’s website, IC is headquartered in Chicago, Illinois, and has been in business for 148 years. Its Slogan, “The Main Line of Mid-America,” perfectly describes its unique north-south routing running from Chicago to the Gulf Coast.

According to the complaint, the Defendant, Michael Belcher (“Belcher”) is a resident of Crown Point Indiana. He was employed as a Senior Manager for IC for 20 years until he was terminated on October 19, 2022. Belcher’s duties included writing software code for IC’s financial data systems that included, but was not limited to, IC’s systems for financial metrics, financial records, and compliance. Belcher served as the key point of contact for financial analysis, performance tracking, and corrective action related to Basic Capital budgets for all levels of Engineering management. He also participated in IC’s Share Units Plan and was awarded Performance Share Units (“PSUs”). Each time he was awarded PSUs, he received and accepted an award letter that contained a Confidentiality Clause. This prohibited him from revealing, disclosing or making known any Confidential Information without prior written consent from IC. Belcher also received regular training on the Company’s Code of Business Conduct that requires every employee to safeguard Company assets and intellectual property. The Code of Conduct also contained provisions defining Company Confidential Information, and prohibitions against disclosure.

October 5, 2022

3CHI Sues Former Marketing Manager for Misappropriation of Trade Secrets

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Plaintiff, 3C, LLC d/b/a 3CHI (pronounced “three-chee”) filed suit against Defendant and former employee, Jai Journay (“Journay”) for Misappropriation of Trade Secrets, Violation of Indiana’s Uniform Trade Secrets Act, and Breach of Employment Agreement.

Per the Plaintiff’s website, 3CHI was founded by a biochemist that has focused on cannabinoid research and brining minor cannabinoids to market. 3CHI alleges to have almost single handedly put cannabis into national mainstream acceptance. It started with 3CHI’s first CBN products. CBN was the first mildly psychoactive cannabinoid sold nationally in the USA. Shortly after, they became the first company to create and sell Delta 8 THC. 3CHI is the first company to legally vend THC products as a major sporting event, selling its products at NASCAR races. They also proclaim to have taken a leading role in working with government leaders and agencies around the world to help educate and create sensible legislation surrounding Delta 8 THC and other minor cannabinoids.

Defendant, Journay was hired on July 10, 2020 for a position in Sales and Education. During her employment, Journay was promoted to Marketing Manager. An Employment Agreement that protected 3CHI’s Confidential Information and Trade Secrets was signed by the Defendant on March 7^th, 2021. As the Marketing Manager, Journay had access to nearly all of 3CHI’s Confidential Information and Trade Secrets, including product formulas, recipes, customer lists, customer requirements, consumer data, marketing data and other analytics.

September 22, 2022

Orbital Engineering, Inc. Sues Ex-Employee & Competitor for Trade Secret Misappropriation

By Overhauser Law Offices, LLC

Crowne Point, Indiana – The Plaintiff, Orbital Engineering, Inc. (“Orbital”) filed suit against Defendants, DVG Team, Inc. (DVG) and former employee Zachary Topoll (“Topoll”) for Breach of Fiduciary Duty Damages Resulting from Conspiracy, Tortious Interference with Business Relations, Aiding and Abetting Breach of Fiduciary Duty, and Trade Secret Misappropriation.

Per the complaint and their website, Orbital, established in 1969, is a certified veteran owned business, which provides full-service solutions in engineering and design, construction management and QA/QC, safety and asset integrity services. The company services a broad range of industries, including infrastructure, metals, refinery, chemical, pipeline, terminal, gas processing and storage, and utilities. Their expertise is in Transmission & Distribution, Midstream and Downstream Oil, Gas and Chemical and Metals. They have six major offices in Pittsburgh (HQ), Philadelphia, Chicago, Detroit, St. Louis and Houston and various other locations.

DVG, founded in 1999, purports to be a team of professionals with a variety of expertise in areas of public infrastructure planning and construction, private and public utility development, engineering and site design, economic development and real estate development. They are based in Crown Point, Indiana.

June 28, 2022

Staffing Agency Sues Former Executive for Alleged Misappropriation of Trade Secrets

By Overhauser Law Offices, LLC

South Bend, Indiana – Attorneys for Plaintiff, Peoplelink, LLC (“Peoplelink”), a Delaware Corporation, filed suit in the Northern District of Indiana alleging that Defendant, Kelly Boutell, a former employee of Peoplelink, infringed their rights under the Federal Defend Trade Secrets Act, 18 U.S.C. § 1832, the Computer Fraud and Abuse Act (CFAA) 18 U.S.C. § 1030 and committed Breach of Contract.

According to the Complaint, Boutell was employed by Peoplelink for over 20 years in various roles such as Certified Sales Trainer, Vice President of Fulfillment, and Senior Regional Vice President. Boutell was one of two Certified Sales Trainers. She conducted two-to-three annual sales training sessions for all of Peoplink business entities and functioned informally as a sales leader for Peoplelink’s entire footprint.

July 16, 2021

ABI Attachments, Inc. of Mishawaka Sues for Alleged Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Apparently, ABI Attachments, Inc. (“ABI”), the Plaintiff entered into a Product Lines Purchase Agreement with Defendants, Kiser Arena Specialists, Inc., (“KAS”) Robert D. Kiser, Individually and as Trustee of The Kiser Family Trust, and James Kiser (collectively, the “Defendants”). Under the Agreement, ABI allegedly acquired assets and intellectual property including the trademark “DRAGMASTER®,” U.S. Trademark Registration No. 4,044,235 (the “Mark”), and “Product Lines” including “specifications, shop drawings, records, and intellectual property rights relating to the Product Lines.” ABI claims Defendants have used those documents relating to the Product Lines to market knockoff products. For example, ABI claims the Defendants’ Kiser 1000 Series is substantially similar to the ABI DragMaster as shown below.

Further, ABI asserts that Defendants have promoted the “new” products as “redesigned” which indicates the Defendants’ products are based on intellectual property now owned by ABI rather than a new product developed from scratch. According to the Complaint, KAS has used the same background music in some of its promotional videos as ABI: Compare

https://youtu.be/CWPjo2Ogzbc (KAS) with https://youtu.be/9lY2X2UvoL4 (ABI). ABI claims it has attained significant goodwill throughout the United States and the world and that Defendants alleged misleading and false advertisements have caused irreparable damage to ABI’s reputation.

ABI first seeks damages for Defendants’ alleged breach of their obligations under the Product Lines Purchase Agreement. Next, ABI claims Defendants have misappropriated its trade secrets by using the “specifications, shop drawings, blueprints, records and intellectual property rights relating to the Product Lines.” Pursuant to the Lanham Act, 15 U.S.C. §§ 1116 and 1117, ABI is seeking injunctive relief as well as actual and treble damages for willful trademark infringement. ABI is further claiming Defendants’ actions constitute false designation of origin and false advertising in violation of 15 U.S.C. § 1125(a). Finally, ABI is seeking damages for unfair competition, trademark misappropriation, and unjust enrichment under Indiana common law.

July 12, 2021

Watch Communications Sues Ex-Employees for Alleged Trade Secret Misappropriation

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Apparently, W.A.T.C.H TV Company d/b/a Watch Communications (“Watch”), the Plaintiff, is in the business of providing broadband Internet access to consumers and enterprise customers in Ohio, Indiana, Illinois, and Kentucky. Defendant, Greg Jarman (“Jarman”), was allegedly an employee of Watch beginning in February 2014. According to the Complaint, Jarman was then elected to the positions of Vice President of Operations and Chief Operating Officer in March 2018. In February 2019, Watch claims Jarman approached the President and Chief Executive Officer, Ken Williams (“Williams”) with an opportunity to assist in a project in Tennessee. However, Watch claims Williams instructed Jarman to not proceed with the Tennessee project because Watch did not have a presence in Tennessee.

October 5, 2020

Eli Lilly Declaratory Judgment Suit Transferred to North Carolina

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Eli Lilly and Company (“Lilly”) filed suit on November 13, 2019 in the Southern District of Indiana against Defendant SensorRx seeking a declaratory judgment that it had not misappropriated trade secrets among other things. SensorRx in turn, on November 22, 2019 filed a lawsuit in the Western District of North Carolina seeking injunctive relief and monetary damages. SensorRx then filed a Motion to Dismiss or to Transfer Lilly’s declaratory action suit to North Carolina.

The Southern District found Lilly’s declaratory action was an “improper anticipatory filing” as there was a clear threat of litigation prior to the filing of the declaratory action. As such, the Court declined to exercise its discretion to hear the declaratory judgment action. The Court further found that the balance of factors under 28 U.S.C. § 1404(a) weighed in favor of transferring the action to the Western District of North Carolina where SensorRx filed its suit. Therefore, SensorRx’s Motion to Transfer was granted and the case was transferred to the Western District of North Carolina. Continue reading

April 2, 2020

Court Enters Temporary Restraining Order to Protect Trade Secrets

By Overhauser Law Offices, LLC

South Bend, Indiana – The United States District Court for the Northern District of Indiana entered a Temporary Restraining Order against Darkhorse Cargo, Inc. (“Darkhorse”) and its employees (collectively “Defendants”) regarding trade secrets and confidential information of Plaintiff, RC Trailers, Inc. (“RC”).

RC manufactures and distributes cargo and specialty trailers throughout the United States. According to RC, it expends a lot of time, effort, and expense to maintain dealer and vendor relationship using trade secrets and confidential business information. RC claims it uses confidentiality provisions in its employee handbooks, passwords, disclaimers on confidential communications, and o

RC’s former president, Defendant Bryan Johnson (“Johnson”), ended his employment with RC in September 2018 and signed an agreement that contained non-solicitation and non-recruitment covenants that expired one year later. After Johnson’s departure, he claims many RC employees were unhappy to see him leave and wanted to work for him elsewhere. In the spring of 2019, RC promoted Defendant Joseph Kiefer (“Kiefer”) from CFO to acting General Manager. Kiefer claims that RC employees were talking about wanting Johnson to open his own trailer company prior to Kiefer terminating his employment with RC in June 2019. Prior to his leaving RC, Kiefer allegedly tried to recruit RC’s sales professional to join Darkhorse, indicating the business would be started by Kiefer and Johnson in the near future. RC claims that unbeknownst to it, Kiefer deleted the post-employment restrictions in his non-compete agreement before signing and returning it to RC upon his departure.