Out-Law / Your Daily Need-To-Know

Kintera, a San Diego-based internet marketing company, has filed a trade secrets theft and a copyright infringement lawsuit against a rival that it accuses of surreptitiously obtaining its confidential and proprietary computer codes and other software.

The lawsuit, filed in a California court, alleges that Convio of Austin, Texas unlawfully copied, examined and used the codes and other proprietary information. Kintera has been informed by Convio employees that, in spite of their objections, Convio allegedly directed its employees to use Kintera's trade secrets for various purposes, including developing software and interactive web sites for third parties.

Kintera has asked the court to order Convio to pay damages and for a permanent injunction prohibiting Convio from using Kintera's trade secrets, proprietary computer codes and derivative works. Kintera has also asked the court to order that Convio refrain from destroying documents, electronic and computer files and other relevant evidence.

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