Since 2013, Park Lawn has expanded from six cemeteries in Toronto to own facilities in five Canadian provinces and 15 U.S. states. To help run the growing network of assets, it invested more than $1 million to develop management software called FaCTS that it planned to use internally and sell to others in the industry, according to the complaint.
“PlotBox has willfully and maliciously misappropriated PLC’s trade secrets by acquiring them through improper means by inducing Mr. Clark [to] disclose those secrets to undercut PLC’s development of its software,” said Park Lawn, which has corporate offices in Toronto and Houston.
“The suit against PlotBox is baseless, and PlotBox intends to continue to vigorously defend against PLC’s allegations,” Leona McAllister, the chief commercial officer, said in an email Tuesday. “Consistent with his fiduciary duties, Mr. Clark has never disclosed to PlotBox any confidential information or trade secrets of PLC.”
FaCTS software “includes proprietary features concerning records management, deed management, property management, contract management, accounting reconciliation and customer interface,” Park Lawn said. PlotBox is “developing and marketing an industry-specific software technology tool that competes against FaCTS.”
Park Lawn said it didn’t learn until June, after Clark “had been serving as an agent of PlotBox for eight months,” that the former CEO had been appointed to PlotBox’s board. Clark’s noncompete agreement bars him from working for PlotBox in any capacity through Aug. 31, 2021, according to the complaint.
Park Lawn said it wants cash compensation of “actual, consequential and punitive damages.”
The case is Park Lawn Corp. v. PlotBox Inc.,
(Updates with comment from PlotBox.)
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