Goodwin's IP Litigation team successfully secured a preliminary injunction for Canopy Works, Inc. (‘Canopy’) against Commure Incorporated (‘Commure’) in a case involving trade secret misappropriation, Lanham Act violations, and breach of contract (Canopy Works, Inc. v. Commure, Inc., et al.).
Commure, a company valued at $6 billion, previously had a contract to resell Canopy's technology and product. During the contracted period, Commure launched "Strongline Pro"--its own version of Canopy’s product, which Commure then-marketed as Strongline.
The court granted Canopy’s motion for a preliminary injunction, prohibiting Commure from selling, distributing, advertising, or marketing its Strongline Pro product and platform, and finding that Canopy is likely to succeed on its claim that “Commure breached . . . the Reseller Agreement, which requires Commure not to ‘modify, translate, or create derivative works based on the Licensed Technology or Documentation, except with the prior written approval of [Canopy].” The order also restrains Commure from using Canopy's confidential information and trade secrets in violation of the Defend Trade Secrets Act, the California Uniform Trade Secrets Act, or the Reseller Agreement executed between the companies. Additionally, the order includes a restraint on making any misleading or disparaging statements regarding Canopy or its technology.
“It is impossible to overstate the impact Goodwin and this team have made for Canopy, Canopy’s technology, and most importantly, the mission to protect frontline healthcare workers facing unprecedented levels of violence directed at them,” stated Shan Sinha, CEO of Canopy Works. “More than just handling things with the legal system, Goodwin has been a true partner on business, technology, and litigation strategy, and how they all interrelate. There is no better firm that we can envision to have as a partner for any fast-growing technology company."
Canopy Works helps hospitals ensure that healthcare workers feel safe, appreciated, and empowered every day to deliver the highest quality of patient care. The flagship product, Canopy Protect, is a wearable safety technology designed to make employees feel connected and able to mobilize colleagues and/or security in seconds in the event of an emerging threat. Since Canopy was founded in 2019, the technology has been deployed by over 40 visionary health systems to protect over 200,000 workers in the U.S., de-escalate high-stress situations, help hospitals implement Joint Commission standards for Workplace Violence Prevention, and ultimately, offer a safer and better environment for their workers and the public.
The Goodwin team was led by Neel Chatterjee, Theresa A. Sutton, Monte Cooper, David Rapp-Kirshner, and Pream Akkas with additional assistance from Wendell Lin and senior paralegal Claire Cochran.
For more information, please read the order.