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Decision Biosafe Idea Disclosure

Decision Biosafe Idea Disclosure

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Published by mschwimmer

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Published by: mschwimmer on May 13, 2010
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11/17/2012

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The Honorable David G. Trager, of the United States District Court for the
*
Eastern District of New York, sitting by designation.The Clerk of the Court is instructed to amend the official caption in this case to
**
conform to the listing of the parties above.
09-3621-cvBiosafe-One v. Hawks, et al.
1
UNITED STATES COURT OF APPEALS
2
FOR THE SECOND CIRCUIT
34
SUMMARY ORDER 
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RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A
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SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY
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FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1. WHEN
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CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE
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EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION
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“SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY
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PARTY NOT REPRESENTED BY COUNSEL.
1314At a stated term of the United States Court of Appeals for the Second Circuit, held at15the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New16York, on the 11 day of May, two thousand ten.
th
1718PRESENT:ROGER J. MINER,GERARD E. LYNCH,1920
Circuit Judges
,21DAVID G. TRAGER,22
 District Judge
.
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23------------------------------------------------------------------242526BIOSAFE-ONE, INC., doing business as27www.Biosafeone.com, CHRISTOPHER JORGENSEN,
 Plaintiffs-Counter-Defendants-Appellants
,2829v.No. 09-3621-cv3031ROBERT HAWKS, BRAD SKIERKOWSKI,3233NEWTECHBIO, USA, also known as BRAD &34COMPANY, INC., doing business as35www.newtechbio.com, www.jumbomortgages101.com,36also known as jumbomortgages.net, BCI FUNDINGGROUP, BRAD & COMPANY, INC.,37
 Defendants-Counter-Claimants-Appellees
,383940ODETTE J. WILKENS, ESQ.,
Third-Party Defendant 
.
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41
 
21--------------------------------------------------------------------2FOR APPELLANT:VIVIAN M. WILLIAMS, Vivian M. Williams & Associates,3New York, New York.45FOR APPELLEE:Arthur L. Lessler, Lessler & Lessler, South River, New6Jersey, on submission.7Appeal from the United States District Court for the Southern District of New Yor8(Denny Chin, Judge).9UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND10DECREED that the judgment of the district court is AFFIRMED.11Plaintiffs-Counter-Defendants-Appellants, Bio-Safe One, Inc., a septic and waste12management products company, and Christopher Jorgensen, its founder and owner 13(collectively, “Plaintiffs”), filed suit against Defendants-Counter-Claimants-Appellees,14Robert Hawks, Brad Skierkowski, and their associated companies (collectively,15“Defendants”), alleging a host of New York state and federal causes of action, including16violations of Plaintiffs’ intellectual property rights, breach of fiduciary duty, breach of 17contract, and many more. The crux of the dispute is Plaintiffs’ allegation that18Defendants, after helping Jorgensen secure a residential mortgage, entered the same19business as Plaintiffs, utilized Plaintiffs’ financial data to steal their ideas, pursued thei20customers, suppliers, and advertisers, and copied their website and trademarks. The21district court granted summary judgment for Defendants, and Plaintiffs now appeal.22According to Plaintiffs, Jorgensen founded Bio-Safe One in 2002 and launched its23website, www.biosafeone.com, shortly thereafter. Around 2005, Jorgensen was in the24market for a house and contacted Hawks and Skierkowski, who were then apparently25working as mortgage brokers, for help in attaining a “jumbo mortgage” in order to
 
31purchase a new home. In the course of completing the mortgage application, Jorgensen2provided Hawks and Skierkowski with extensive financial documents, including two3years worth of bank statements that included account numbers, withdrawal information,4and payment schedules. According to Plaintiffs, the financial information provided to5Defendants was to be used only for the purpose of obtaining a mortgage for Jorgenson.6In April 2007, Hawks and Skierkowski launched their own septic cleaning7company, called Newtechbio, with its own website, newtechbio.com. Defendants had no8prior experience in the septic cleaning business, and admitted that they decided to go into9that business only after having encountered Jorgensen and learned of his business.10On June 26, 2007, Plaintiffs sued Defendants, asserting twenty-five claims11primarily involving (1) infringements of Plaintiffs’ intellectual property, such as12copyright and trademark infringement for,
inter alia
, allegedly copying Plaintiffs’ website13and marks, (2) violation of federal and New York law for allegedly stealing information14given to Defendants in confidence during the mortgage application to discover Plaintiffs15suppliers, customers, vendors, advertisers, and trade secrets, and (3) assorted other claims16such as deceptive business practices, use of Plaintiff’s name with the intent to deceive,17and illegal diversion of Plaintiffsinternet traffic. Plaintiffs also moved for a preliminary18injunction to shut down Defendantswebsite.19Following an evidentiary hearing, the district court denied Plaintiffsmotion for a20preliminary injunction, finding that Plaintiffs were unlikely to succeed on the merits of 21any of their claims, because,
inter alia
, there was no substantial similarity between22Defendants’ and Plaintiffs’ websites or marks, and Plaintiffs’ allegations that Defendants

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