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Case 1:07-cv-06030-WHP Document 1 Filed 06/26/2007 Page 1 of6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
SYNCA DIRECT, INC.,
COMPLAINT |
Plaintiff, ~against~ Index No.:
MULTIMEDIA DENTAL SYSTEMS, INC.,
Defendant.
The Plaintiff, Synca Direct, Inc., by and through its attorneys, Stafford, Owens, Curtin & Trombley, PLLC, complaining of Defendant MultiMedia Dental Systems, Inc., alleges:
PARTIES
1. At all times relevant hereto, the Plaintiff, Synca Direct, Inc. (hereinafter the “Plaintiff’) was and is a foreign corporation duly organized and existing under the laws of the State of Delaware and licensed as a foreign corporation in the State of New York, with offices located at 1320 Route 9, Champlain, New York.
2. Upon information and belief, Defendant MultiMedia Dental Systems, Inc.
(hereinafter the “Defendant”), was and is a foreign corporation duly organized and existing under the laws of the State of Georgia, with offices located at 1302 Macy Drive, Roswell, Georgia.
JURISDICTION
3: This action arises under the Copyright Law of the United States of America. This Court has jurisdiction over the subject matter of this action pursuant to 17 USC § 501, 28 USC § 1331, 28 USC § 1338(a) and 28 USC § 2201.
4, This Court also has diversity jurisdiction of this matter pursuant to 28 USC § 1332 as this matter is between Plaintiff, which is incorporated in Delaware and licensed to do business in
STAFFORD, OWENS, CURTIN & TROMBLEY
Atrtoaneys & GounseLtiors At Law LACL020000\20610\ws Multimedia\Complaint_10-17-06.doe Affitatad with were Beacu PLLC
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Srazrorp, Owens, Curtin & TROMBLEY ATTORNEYS & Counsé_roAs AT Law Case 1:07-cv-06030-WHP Document 1 Filed 06/26/2007 Page2of6 New York, and Defendant, which is incorporated in Georgia, and as the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs.
VENUE
5. Venue properly rests in the United States District Court for the Northern District of New York pursuant to 28 USC § 1391(c).
RELEVANT FACTS
6. Plaintiff is a business corporation which specializes in the development and marketing of imaging software for dentists.
7. Defendant is a competitor of Plaintiff in the dental imaging industry.
8. Plaintiff currently markets and sells dental imaging software known as CADI v4 (the “Software”) throughout the United States.
9. Upon information and belief, Defendant markets and sells competing software known as Mediadent v4.5 within that market.
10. Defendant has made statements in the marketplace that the Software infringes on certain protected rights of the Defendant. See Exhibit A attached hereto.
11. Plaintiffs Software is an original work of authorship and in no way infringes on any of Defendant’s protected rights.
12.‘ Plaintiffhas relied upon written representations of the creator/owner of the Software that it was independently developed.
13. In order to protect its position in the marketplace, Plaintiff requires a judgment adjudging and declaring that Plaintiff’s software in no way infrmges on the rights of Defendant.
14. Plaintiffhas no adequate remedy at law.
WHEREFORE, Plaintiff demands a judgment adjudging and declaring that Plaintiff's
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Case 1:07-cv-06030-WHP Document 1 Filed 06/26/2007 Page3of 6 software known as CADI v4 in no way infringes on any protected rights of the Defendant, together with the costs of this action, and such other and further relief as the Court deems just and proper. Dated: October 17, 2006 Plattsburgh, New York
william TD. Owens, Esq.
Bar No.: 103479 Stafford, Owens Curtin & Trombley, PLLC Attorneys for Plaintiff, Synca Direct, Inc.
One Cumberland Avenue P.O. Box 2947 Plattsburgh, New York 12901 Telephone: (518) 561-4400
STARFORD, OWENS, CURTIN & TROMBLEY
ATTORNEYS & GOUNSELLOAS AT Law
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Exhibit A
Case 1:07-cv-O6030-WHP Document 1
Filed 06/26/2007
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Jou- 28-2006 GEBe 27:07 -cv-SOvsorwWEte “S8cadment 1 Filtd 3/36/2007 Page 5 of 6. H oll and+Knight Yet 40a 817 8590 Holland & Knight iP Fax 404 681 0479 One Atlantic Center, Suite 2000 120) Wost Poschtrac Stredt NE.
Atlanta, GA 3030%-3453 www akbyy. eon Gregory J. Bigei GOé BF8 8Teo greg. cyelahklaw.com Tune 28, 2006 Mz. Claude Berthoin Video Dental Concepts 110 East Granada Boulevard, Suite 207 Ormond Beach, Florida 32176 Dear Mr. Berthoin:
We represent MultiMedia Dental Systems, Inc. which owns all of the rights in the MedinDent software, MultiMedia originally obtaincd exclusive rights to modify, license, and distribute the MediaDemt software in North Amenica, Central Arnerica, and South American through un Exclusive Licensing Agreement dated as of December 24, 2000, between MultiMedia and Mr. Gerrit Martens. in that Exclusive Licensing Agrecment, Mr. Martens granted MulnMedia:
A perpetual, exclusive, royalty frec and unconditional and irrevocable license of any and all versions of any kind, past, present and/or future... versions [of the MediaDent sofiwarc].
In the Exclusive License Agreement the parties expressly agreed that “any software which uses MediaDent as a front-end and/or uses MedizDent as a source code in any way is subject to this Agrecment, . - " Thother words, MultiMedia obtained the exclusive rights to market and license the existing software, all subsequent versions and any software which ineludes any portion of the MediaDent code.
Perapraph No. 9 of the Exclusive License Agreement provided that, in the event that Mir. Martens defaulted or ceased his ongoing business operations, upon 90 days notice ta the agent which was holding certain materials in escrow, ail the escrowed materials would immediately become the sole property of MultiMedia, to the exclusion of Mr, Martens, and thal afi night, tile and jnterest in or associated with, the software would vest in MultiMedia. _Becouse Mr. Martens’ company initiated insolvency proceedings under Belgian law and eventually cessed operations, this provision was triggered, leaving MultiMedia as the sole owner of the software and all rights associated therewith throughout the wor ' addition, MulaMedia has registered the copyright » in the MediaDen software with the United States Copyright Office, which assigned United States Registration Number TXG-159-013,
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Jun-28-2006 WEBe2P:47-cv-BREWHP iment 1 Fil B87 EET2ELD2 ®. 003/003 26/2007 Page6of6 Mr. Claude Berthoin June 28, 2006 Page 2 At the recent National Dental Conference in Orlando, Florida, Video Dental Concepts was advertising software named CADI, which apparently ts produczd by a Canadian finn called Synca. Although it is not Hcensed to use the MediaDent code, Synca’s CAD! product dors utilize MediaDent code, in contravention of MultiMedia's exclusive nghts and Unitéd’Staies Spyiight law. Videos Dental Concepts’ copying, distribution, licensing, and usc of the CADI software is unauthorized and unlawful, giving tise to both common law and statutory causes of action which include, among other things, copyright infringement, wifair competition, passing off, misappropriation of trade secrets, false designation of origin, and trademark and/or trade name inftingement. MultiMedia is entitled to monetary damages and injunctive relicf to prevent further Violations of its rights in the MediaDent software.
Accordingly, within 20 days of the date of this letter, Video Dental Concepts must provide MultiMedia with written assurances (1) that if has coased marketing, in any form or media, CADI, or other software containing any portion of the code from MediaDent, und (2) that Video Dental Concepts has permanently destroyed all copirs of CADI software and talcen steps to ensure thut no Future violation of our clicnt’s rights in the MediaDent software or any of its progeny are compromised. Video Dental Concepts must also provide MultiMedia with an accounting of any and all revenues thal Vide Dental Concepts has received froin the licensing or sale of the CADI software. If Video Dental Concept docs not comply, unconditionally, with these requests, MultiMedia will tske whatever other uctions il deems appropriate to protect its rights, including filing suit without further notice. Nothing in this letter, of course, should be construed as a waiver of any right, remedy, claim, or position that muy be avallabic to MultiMedia, all of which it expressly rescrves.
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We shall look forward to your Ld
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