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Classic Motor Carriages wins restraining order against attacker; provides relief from use of illegally obtained trade secrets.


MIAMI--(BUSINESS WIRE)--Nov. 4, 1994--Classic Motor Carriages, the nation's largest manufacturer of kit cars, Thursday won its motion for a Temporary Restraining Order temporary restraining order: see injunction.  against the company's primary attacker.

The restraining order restraining order: see injunction.  was issued in Federal court against Stuart Alan Rado; he has admitted to obtaining the Classic's confidential customer list and using it to conduct a campaign to put the company out of business.

According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the order handed down, Rado is now restrained from, ``(1) Further misappropriation misappropriation n. the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate, or by any  of Classic's trade secrets; (2) Using Classic's confidential mailing list An automated e-mail system on the Internet, which is maintained by subject matter. There are thousands of such lists that reach millions of individuals and businesses. New users generally subscribe by sending an e-mail with the word "subscribe" in it and subsequently receive all new (s) or any other trade secret of Classic, in any manner whatsoever, including communicating with past, present or future customers of Classic; (3) Using any information obtained as a result of the misappropriation of Classic's confidential mailing list(s) in any manner whatsoever, including communicating with past, present or future customers of Classic; (4) Providing Classic's confidential mailing list(s) to third parties and encouraging third parties to whom Defendant Rado has previously supplied Classic's confidential mailing list(s) to communicate with Classic's past, present and future customers or otherwise use Classic's trade secrets.''

The restraining order follows the company's filing of a federal lawsuit against Rado, a self-proclaimed consumer activist from Miami, and Curt Scott, president of Crown Publishing from California, and members of the North Dakota North Dakota, state in the N central United States. It is bordered by Minnesota, across the Red River of the North (E), South Dakota (S), Montana (W), and the Canadian provinces of Saskatchewan and Manitoba (N).  Attorney General's office, on Oct. 31, 1994. The suit seeks damages for obtaining the customer list -- considered to be a trade secret -- and using it to interfere with the company's operations, business relationships, and other ongoing activities.

Rado used the list to send thousands of letters to Classic customers and prospects. The mailings were unsigned, in official-looking envelopes, urging consumers to file complaints with the Florida Attorney General's Office of Consumer Protection. The letters also contained an editorial written by Scott against the company, and what it quoted as sections of a consent decree A settlement of a lawsuit or criminal case in which a person or company agrees to take specific actions without admitting fault or guilt for the situation that led to the lawsuit.

A consent decree is a settlement that is contained in a court order.
 with the Florida Attorney General's office.

The suit against Rado, Scott, and the North Dakota authorities, states that the mailings have served to severely impact Classic's business. In a deposition Rado admitted that he has never examined the company's products or spoken with its representatives.

Because the Temporary Restraining Order expires Nov. 13, Classic will be seeking a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits.

A preliminary injunction is regarded as extraordinary relief.
 which will restrain Rado from similar actions throughout the course of its pending litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
. A hearing has been scheduled for Nov. 10 to determine whether the preliminary injunction should be granted.

United States District Judge Ursula Ungaro-Benages granted the Temporary Restraining Order. Classic's motion was filed in the United States District Court United States District Court

In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court.
, Southern District of Florida. The company is being represented by Ira C. Hatch, of Ira C. Hatch, P.A., Fort Lauderdale.

The company has other actions pending against Rado which seek recovery of damages for malicious acts including libel, defamation, and tortious interference with business relationships.

Classic Motor Carriages has produced more than 20,000 cars during its 16-year history, making it the nation's largest kit manufacturer. It markets vehicles throughout the country and currently offers nine models for car kit enthusiasts. The privately held company privately held company

A firm whose shares are held within a relatively small circle of owners and are not traded publicly.
 has approximately 200 employees and operates a 150,000 square-foot manufacturing facility located at the intersection of State Road 826 (the Palmetto Expressway) and Northwest 27th Avenue in Miami.

CONTACT: Ira C. Hatch, P.A., Fort Lauderdale, Fla.
              Ira C. Hatch, Esq., 305/527-1000
              or
              Palmyra Group, Fort Lauderdale, Fla.
              Howard Schulman, 305/761-8888
COPYRIGHT 1994 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1994, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Nov 4, 1994
Words:563
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