TARGET CORPORATION v. JOHN DOE

March 11, 2007

A clear copy of this complaint is available online at:  http://pub.bna.com/eclr/062116.pdf

==================================== 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

Target Corporation, a Minnesota

corporation,

v.

JOHN DOE, Case 1 :06-CV-2116

Defendant

For its Complaint, plaintiff Target Corporation (“Target”) states and alleges as follows

INTRODUCTION

Target brings this action against an Internet user who is deliberately posting Target copyrighted, confidential, proprietary, and trade secret information across the Internet, including to a website hosted in Minnesota. Target seeks an injunction against Defendant, as well as other available legal and equitable relief arising from Defendant’s tortuous actions.

PARTIES

1 . Target is a Minnesota corporation with its principal place of business in Minneapolis, Minnesota .

2 . The true name and capacity of Defendant is unknown to Plaintiff at this time Defendant is known to Plaintiff only by his Internet username “Target Sucks .” Additionally,

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 1 of 29

2

mrpauljrogers@yahao com, chams46Chotmail .com, anonymousematl2@aol com, ILovePie@yahoo.com, and usembassysouthafi-ica@hotmail.com

JURISDICTION AND VENUE

3 This Court hasjurisdiction under 17 U .S C § 101 et seq, 28 U .S .C. § 1331(federal question); and 28 U .S C § 1338(a) (copyright) . This Court also has jurisdiction over this matter under 28 U .S C. § 1332(a)(1) because the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different states .

4 . Venue in this District is proper under 28 U S C § 1391 and/or 28 U .S.C

1400(a). Although the true identity of Defendant is unknown to Plaintiff at this time, on information and belief, Defendant resides in the State of Georgia and a substantial part of the acts of infringement and rrusappropriahon complained of herein occurred in this District .

FACTUAL BACKGROUND

Target’s Business and Valuable Intellectual Property 5 Target owns and operates retail merchandise discount stores across the United

States . Today, Target operates more than 1400 TARGET stores, including more than 45 TARGET stores in Georgia

6. As part of its effort to protect its retail stores from physical threats and

financial losses, Target, through considerable effort and expense, has created loss prevention

procedures and protocols . One of the key loss prevention protocols created by Target is Target’s Asset Protection Directives (“Target AP Directives”)

7. The Target AP Directives are a set of written methods, techniques and processes that are used by Target’s asset protection personnel to secure Target’s merchandise

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 2 of 29

Internet at the website wrAw .targetunion .org . and other property from theft, and to deal with the apprehension of shoplifters and other wrongdoers .

8 . The Target AP Directives are Target copyrighted, confidential, proprietary, and trade secret information .

9 The Target AP Directives include information that is not generally known to the public or in the industry .

10 . Target goes to considerable measures to protect the secrecy of this information The Target AP Directives are password restricted and only available to those employees with a “need-to-know,” namely, the asset protection team .

11 . Target has an Information Security Policy where all employees, before commencing their employment, sign an acknowledgement agreeing to maintain the confidentiality of Target’s non-public information . and to never disclose it to anyone outside of the company.

Defendant’s Improper Use of Target’s AP Directives

12. On or around June 29, 2006, Defendant acquired a copy of Target’s AP Directives from a recently terminated Target employee, Scott Hundt (“Hundt”) . Upon information and belief, Hundt only knew Defendant because of his anti-Target website postings Hundt sent a copy of the Target AP Directives to Defendant by email

13 Hundt, as a former asset protection specialist at a Target store in Wisconsin,

improperly kept the Target AP Directives upon termination .

14. On Sunday, July 2, 2006, Hundt also posted the Target AP Directives on the

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 3 of 29

4

15 . On or around July 10, Target learned of Hundt’s improper disclosure to Defendant and the Internet. Shortly thereafter, Target contacted Hundt by telephone Hundt  returned Target’s telephone call and acknowledged his wrongdoing . Hundt immediately deleted all references to the Target AP Directives from his hard drive and from the Internet .

16 . Target also demanded that Hundt contact Defendant and request that Defendant destroy the Target AP Directives, delete any Internet postings of the Target AP Directives posted by him, and never use them again . Hundt stated that he did not know Defendant’s name or address, and did not personally know him, but had his email address .

Hundt emailed Defendant and requested him to remove the postings, but Defendant failed to respond.

17. Hundt also provided Target with the email address that Hundt had for Defendant Target emailed Hundt a cease and desist letter at that address, but received no response .

18 Instead of abiding by Target and Hundt’s demands to remove the Target AP Directives, Defendant began posting the Target AP Directives on various retail-employee forums on the Internet, including the following locations :

http //targetsucks elevation24 coin

http //tivwtiv. targeiuniora org

http 11bullseyebb .aivardspace coin

http ://targetstoressuck blogspot corn

http //wwtiv retail-worker corn

http .//people tribe net

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 4 of 29

5

19. Beginning on or around July 12, 2006, Target, through its counsel, sent demand letters to the moderators and administrators of the websites that posted Target AP Directives. Target advised them that Defendant, under the alias “Target Sucks,” was posting improperly Target copyrighted, confidential, proprietary, and trade secret information . (A copy of a sample letter sent to the  moderators/administrators is attached as Ex . A )

20. In conjunction with writing to the moderators and/or administrators, Target also attempted to contact Defendant directly by sending private messages to Defendant through the forums . (A copy of two sample emails sent to Defendant are attached as Ex . B.)

21 In response to Target’s demand letters, the administrators and/or moderators

removed the Target AP Directives from their websrtes .

22. Defendant, however, did not respond to Target’s email messages . Instead,

Defendant re-posted the Target AP Directives as soon as the moderator and/or administrator

removed them from the website. Target re-contacted the moderators and/or administrators,and the information was again deleted . Indeed, at least one of the websites –

http //targetstoressuck blogspot.com – terminated Defendant’s blog .

23 . On July 27, 2006, the moderator of -www .retail-worker coin posted Target’s cease and desist letter on its website and explained why she deleted Defendant’s posting of the Target AP Directives . An exchange between Defendant and the moderator ensued, whereby Defendant admitted that he was posting the Target AP Directives for no reason other than to harm Target . (A copy of the email exchange is attached as Ex C .)

24. Since July 27, 2006, Defendant continues to re-post (or attempt to re-post) the Target AP Directives on the Internet At websites where his blog was inactivated, he has changed his username in order to be able to re-post the Target AP Directives

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 5 of 29

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25 . Defendant’s actions are a complete and intentional disregard of Target’s property rights . Since July 27, 2006, Defendant had posted on numerous websites that “Target’s lawyers are monitoring this website .” In response to Target’s cease and desist letter, Defendant states on the Internet that he does not care whether the Target AP Directives

are copyrighted or trade secrets :

As to whether or not said info is in some form `protected’, I have no idea and

don’t care I saw it both online already posted and via email and if someone at T let the cat out of the bag then that is between T and them . I didn’t sign any confidentiality agreement with them and really don’t give a rats ass if they like it or not .

(A copy of the posting is attached hereto as Ex . D )

26. Defendant has never responded to Target’s demands for Defendant to cease and desist posting the Target AP Directives .

27 . Through various investigative techniques employed by Target over the last

few weeks, Target believes that Defendant uses America On-Line as his Internet Service

Provider Target believes that information obtained in discovery will lead to the verification

of Defendant’s true name and address

C OUNT I

Infringement of Copyrights

28 Target realleges and incorporates by reference herein the foregoing allegations

of the Complaint .

29 Target is, and at all relevant times has been, the copyright owners of exclusive rights under United States copyright law with respect to certain copyrighted Target AP Directives .

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 6 of 29

7

30 . The Target AP Directives are subject to a valid Certificate of Copyright Registration issued by the Registrar of Copyrights to Target as specified on Exhibit E

31 . Among the exclusive rights granted to Target under the Copyright Act are the exclusive rights to reproduce the Target AP Directives and to distribute the Target AP

Directives

32 . Defendant, without the permission or consent of Target, has used, and

continues to use, the Internet, to disserrvnate and/or make available for distribution to others, the Target AP Directives .

33 . Defendant’s dissemination of the Target AP Directives is deliberate, willful, malicious, oppressive, and without regard to Target’s proprietary rights

34 . As a result of Defendant’s infringement of Target’s copyrights and exclusive rights under copyright, Target is entitled to statutory damages pursuant to 17 U S .C § 504(c)

against Defendant for each infringement by Defendant . Target is also entitled to its

attorneys’ fees and costs pursuant to 17 U S C . § 505 . 35 Defendant’s copyright infringement, and the threat of continuing infringement, has caused, and will continue to cause, Target repeated and irreparable injury . It would be difficult to ascertain the amount of money damages that would afford Target adequate relief at law for Defendant’s acts and continuing acts, and a multiplicity ofjudicial proceedings that would be required Target’s remedy at law is not adequate to compensate them for the injuries already inflicted and further threatened by Defendant . Therefore, Defendant should be restrained and enjoined pursuant to the Copyright Act, 17 U S .C. § § 502 and 503

COUNT II

Misappropriation of Trade Secrets

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 7 of 29

Court

36. Target realleges and incorporates by reference herein the foregoing allegations

of the Complaint.

37 Defendant acquired confidential and proprietary information belonging to Target.

38 Defendant was advised that the information he acquired was Target trade secret information that should not be used or disclosed by him .

39 After receiving notice of the confidentiality of the Target trade secret information, Defendant had a duty to Target to maintain the secrecy of this information and

limit its use for the benefit of only Target .

40. This confidential and proprietary information had independent economic value

because it was not generally known to or readily ascertainable by persons outside of Target

41 Target intended to keep this information confidential and has made reasonable efforts under the circumstances to maintain the secrecy of the information .

42. Defendant has used and/or disclosed, and continues to use and/or disclose, such information without the express or implied consent of Target, for the benefit of himself .

Such use constitutes a violation of Ga Stat . § 10-1-760 et seq, and Georgia common law

principles against misappropriation of trade secrets

43 . As a direct and proximate cause of Defendant’s misappropriation of trade

secrets, Target has been damaged in an amount greater than $75,000, the specific amount of which shall be determined at trial In addition, Target has suffered irreparable harm and will continue to suffer irreparable harm unless the conduct of the Defendant is enjoined by this

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 8 of 29

9

WHEREFORE , Plaintiff Target Corporation respectfully requests judgment against

Defendant as follows :

An injunction, among other things, prohibiting Defendant from disclosing and using the Target AP Directives and requiring Defendant to delete all Internet postings created by him of the Target AP Directives ; 2. Statutory damages for  each infringement pursuant to 17 U .S.C § 504; Recovery of Target’s costs and attorneys’ fees incurred herein ; and 4 Any further relief that the Court deems just and equitable .

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 9 of 29

1 0

DUNCAN & MANGIAFICO, PC

Dated. September 1, 2006

nnife C Adair (#001901)

Suite 220,7000 Central Parkway

Atlanta, GA 30328

Telephone. (770)698-4560

Facsimile : (770)698-4565

FAEGRE & BENSON LLP :

s/Dara Mann

Dara Mann (#469065)

Suite 1900

3350 Riverwood Parkway

Atlanta, GA 30330

Telephone : (678) 627-8190

Facsitrule• (612) 766-1600

ATTORNEYS FOR PLAINTIFF

TARGET CORPORATION

Of Counsel(upon admission pro hac vice)

James R. Steffen (MN #469065)

Kerry L. Bundy (MN #266917)

Faegre & Benson

2200 Wells Fargo Center

90 South Seventh Street

Minneapolis, MN 55402

Telephone : (612) 766-7000

Facsimle : (612) 766-1600

M2 2 08193 8 3 0 4

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 10 of 29

KERRY L BUNDS

kbundy”4fargrc cum

(6121766 .821

‘lien” VIA E-MAIL

Administrator of “Return of the Target Sucks” Website

VIA E-NL4[L

Dear “Jen”/Ms . Destree :

EXHIBIT A

FAEGRE

BEN_S1 ON

U \ I TFn ST47 F5 F NG LAND GERMANY C HINA

July 11, 2005

Jennifer Destree

Registrant of elevation24 .com

733 Hickory Avenue

Orangevale, CA 95662

Re. Improper Disclosure of Target’s AP Directives on Website

We represent Target Corporation and Target Brands, Inc . (collectively, “Farget”) in connection with intellectual property matters and in connection with their ongoing efforts to

maintain the security and confidentiality of its proprietary information We are writing to you in

your capacity as Administrator and/or Registrant of the blog website

http //targetsucks elevation24 com to advise you that a post to the website contains Target

confidential, proprietary and trade secret information that has been improperly disclosed In

addition, the post wrongfully reproduces copyrighted material belonging to Target

[n case you were not aware, on July 2, 2006, user name “Target Sucks” posted to your

website Target’s 2006 Asset Protection Directives . These directives include information which

is used in the conduct of Target’s asset protection program and is not generally known to the public or in the industry. Target goes to considerable measures to protect the secrecy of this information As it appears from your posts that you are a current and,lor former Target

employee, you are most likely aware that under Target’s policies and procedures, any Target employee who is given access to the Asset Protection Directives is required strictly to maintain the confidentiality of this information As we hope you can appreciate, Target considers the improper disclosure of its 2006 Asset Protection Directives on the “targetsucks” website to be a very serious matter . Allowing Target’s confidential and proprietary security procedures to remain posted on the website provides potential wrongdoers with a blueprint for circumventing Target’s security procedures in connection with shoplifting or other criminal activity This not only jeopardizes Target’s

property, but also could jeopardize the safety of Target customers and employees

220 0 WE LLS FAR GO CE NTER 90 SOUTH SEVE NTH STREET N71 yINE 4P OL]S MINNESOTA SS4D2 39 0 1

TELEPH O NE 612 7ss – 7 0 0 o FACSIMILE 612 7 6 6-160 0 WWW FAEGRE CO M

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 11 of 29

M2 208102 34 01

Jennifer Destree

July 11, Zoos

Page 2

We note that the rules of your forum expressly state that “Me owners of Return of the Target Sucks reserve the right to remove, edit, move or close any thread for any reason .” Under the circumstances here, Target asks that you remove the July 2, 2006, and any other posting of Target’s 2006 Asset Protection Directives at your earliest possible convenience In addition, to allow us to follow up directly with the individual who wrongfully posted

the 2006 Asset Protection Directives, we ask that you promptly supply us with contact information for poster “Target Sucks ”

Your anticipated cooperation is appreciated, and we look forward to receiving prompt confirmation that you have removed the 2006 Asset Protection Directives from your site and to

your provision of contact information for the individual that posted the2006 Asset Protection

Directives.

Sincerely,

Kerry L Bundy

KLB/rew

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 12 of 29

EXHIBIT B

Bundy, Kerry L.

From, Bundy, Ke rry L

Sent : Monday, July 17, 2006 2 46 PM

To: ‘annonymousemad2@aol com’

Subject: RE Improper Posting of Target 2006 AP Directives

Attachments : scan pdf

s can p df (78 KB)

Please review the attached letter . Thank you .

Kerry Bundy

Faegre & Benson

2200 Wells Fargo Center

90 S . 7th St .

Minneapolis, MN 55402

612-766-8217

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 13 of 29

VIA E-MAIL

Dear Sir/Madame-

July 17, 2006

Username “Targetsuc ks”

annonvmousemail2 u,ao l. corn

Re: Improper Disclosure of Target’s AP Directives on Internet

We represent Target Corporation and Target Brands, lnc (collect ively, “Target”) in connect ion with intellectu a l property matters and in connection wit h thei r ongoing efforts to maintain the security and confidentiality of its proprietary information This l etter is to advise you t hat certain postings made by you of t he Target 2006 Asset Protect i on Directives on the

websi t es http•//targetsucks.elevation24 eom, hitp://www targetunion.org,

hltp.//bullseyeb8 awardspace coin, and http //targetstoressuck blogspot.com contain Target

copyrighted, confidential, proprietary and trade secret information that has been improperly disclosed.

As you know, the Target 2006 Asset Protection Directives include information which is used in the conduct of Target’s asset protection program and is not generally known to the public or in the industry . These directives also include copyrighted material As we believe

you also know, Target goes to considerable measures to protect the secrecy of this information Under Target’s policies and procedures, any Target employee who is given access to its Asset Protection Directives is required strictly to maintain the confidentiality of this information Access to these directives are restricted to Target AP employees and under no circumstances are they to be distributed to anyone outside of Target .

Target considers the improper disclosure of its 2006 Asset Protection Directives on the

Internet to be a very serious matter . Allowing Target’s confidential and proprietary security

procedures to remain posted on the website provides potential wrongdoers with a blueprint for circumventing Target’s security procedures in connection with shoplifting or other criminal activity. This not only jeopardizes Target’s property, but also could jeopardize the safety of Target employees and guests

It is our understanding that, although you were provided improperly with the Target 2006

Asset Protection Directives by a former Target employee, that person has requested that you delete all postings made by you that contain the Target 2006 Asset Protection Directives We hope and expect that upon review of the facts set forth in this letter, you will delete all such

2200 WEL LS FARGO CENTER I 9 0 SOUTH S EVFNTH S TRF FT I M17 INYCAPOLIS MINNESOTA S5a0 1-3 9 61

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 14 of 29

h12 20910 329 0 3

Targetsucks

July 17, 2006

Page 2

postings at your earliest convenience . Target also requests that you immediately destroy all paper and electronic copies of the Target 2006 Asset Protection Directives in your possession .

Please provide us with prompt, written confirmation of your compliance with these requests no later than noon on Tuesday, July 18, 2006 . If we do not receive timely confirmation from you, we will assume that you do not intend to remove your wrongful posts, and we will proceed to consider and take further appropriate action .

Your anticipated cooperation is appreciated .

Sincerely,

CJ

Kerry undy

KLB/rew

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 15 of 29

July 27, 2006

VIA E-MAIL

Dear Sir/Madame .

T F I F 11110N’ F 612-7 6 5 7 000 HALS1%111 F 617 766 1600 %VW%Y F AI’C R F C UN7

COPY FAEGRE C OPY

BENSON

lLP

UNITED STATES I ENGLAND GERMANY ‘ CHINA

KERRY L B[,T1DY

Username “Targetsucks”

Re: Improper Disclosure of Target’s AP Directives on Internet

We represent Target Corporation and Target Brands, Inc. (collectively, “Target”) in connection with intellectual property matters and in connection with their ongoing efforts to

maintain the security and confidentiality of its proprietary information . This letter is to advise you that certain postings made by you of the Target 2006 Asset Protection Directives on the website http //Kww retail-worker coin contain Target copyrighted, confidential, proprietary and trade secret information that has been improperly disclosed .

As you know, the Target 2006 Asset Protection Directives include information which is

used in the conduct of Target’s asset protection program and is not generally known to the public or in the industry These directives also include copyrighted material . As we believe you also know, Target goes to considerable measures to protect the secrecy of this information Under Target’s policies and procedures, any Target employee who is given access to its Asset Protection Directives is required strictly to maintain the confidentiality of this information Access to these directives are restricted to Target AP employees and under no circumstances are they to be distributed to anyone outside of Target Target considers the improper disclosure of its 2006 Asset Protection Directives on the Internet to be a very serious matter. Allowing Target’s confidential and proprietary security procedures to remain posted on the website provides potential wrongdoers with a blueprint for circumventing Target’s security procedures in connection with shoplifting or other criminal activity This not only jeopardizes Target’s property, but also could jeopardize the safety ofTarget employees and guests.

We hope and expect that upon review of the facts set forth in this letter, you will delete all such postings at your earliest  convenience . Target also requests that you immediately destroy all paper and electronic copies of the Target 2006 Asset Protection Directives in your possession .

Please provide us with prompt, written confirmation of your compliance with these requests no later than noon on Tuesday, July 18, 2006 If we do not receive timely confirmation from you, we will assume that you do not intend to remove your wrongful posts, and we will proceed to consider and take further appropriate action

2 200 wbLtS FA UCO C F VT FK 90 SOUT H yF.v h `T H ST1tFF 7 t11 NtYrA P OL 1 5 M1uNVk SUTA SS ao 2-7 901

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 16 of 29

M2 20814344 01

Targetsucks

July 27, 2006

Page 2

Your anticipated cooperation is appreciated.

Sincerely,

Kerry L. Bundy

KLBlrew

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 17 of 29

WORKER

Search

Guess I’ll hang out here then .

< Ever get a write up for “Saying the wrong thing” DC job prospects >

Comment viewing options

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Select your preferred way to display the comments and click “Save settings” to

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Discount?

( Bes t Buy Fo rum)

5 repli es

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Gr ea t Customer Qu es ti ons

sleK Says:

Thu,07/27/200 6

6 07pm

EXHIBIT C

RETifIL

Home

 

Password : ‘~

Create ne w a ccount

Re q uest new p assword

Get Organized

Co n tact us to find out about

g etting your work pl a c e

organized and joining the

iww

Forum topics

New Topics

Interesting Employees

(Walgreens forum)

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Travel Reimbursement

 

Specific Stores * Target Employee Forums Anyone Know Why The Target Sucks Forum Is Down?

Anyone know why the target sucks forum is- down?

Submitted by backroompeon on Mon, 02/13/2006 – 1 14am.

I am sorry to see it gone . And I had been on there earlier tonight .

loin or register to post comments j f I11 I ~ I 0 I aY ILo Ile I

P5

Targetflowslave

Says:

Mon, 02/13/2006 –

5 2 4am

redandkhak i

Says:

Thu, 02/ 1 6/2006 –

11 23am

Thats what i want to know

login or register to post comments

backroompeon wrote :

I am sorry to see it gone . And I had been on

there earlier tonight .

Guess I’ll hang out here then .

Who gives a flying f**k where it went. It’s narrowminded

people are gone, at least for now, until they start making trouble here or somewhere else . You know the ones, the die hard fans of target. Targets cks was a corporate venture .

login or register to post mments

there seems t o be s ome delet in g of thi s info g oin g on

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 18 of 29

sle K Says:

Thu, 07/27/2006 –

11 .34pm

login or register to post comments

login or register to post comments

i0 MYYk ic-p!

nAaa m IC

Q -0 MY MSN

Technoratl

∎lDG PINCER

JIM B1oglLae a

i0 6-

0 MrFeeascer

Jim .aia 0)4

[p IInMF111

s1eK Says :

Fri, 07/28/2006 –

12-56am

More like : If they want to F . with their

customers then their customers may want to

pay them back if they get a chance .

(Cir[ui t C ity Fo rum)

i 76 rep lies

(la tes t repl ies )

Inte resting Empl oy ees

(Wa lg reens forum)

0 repl i es

(latest r eplies)

shopl i fting

(walgreens forum)

5 repl ies

( la te st repl i e s)

Great p ost from HD Forum

( Your favo urite type o f c

( Cowes Fo r um)

3 replies

( latest rep lies )

A ll fo rums

 

yeraC1951Read our feed Target’s lawyers are out and about issuing cease & desist letters.

edit: More information – Our first Cease & Desist, courtesy of Target login or register to post comments Target Sucks .. wrote:

I’m not bringing up p. 2 of Kerrys letter . My machine or didn’t it post?

Your machine, I suppose, as I can view it in its entirety and I’ve heard no other complaints .

sleK Says: Assuming that you’re the same “Target Sucks” that’s been rnu, 07/27/2006 – posting the AP Directives everywhere, could you explain the

11 51pm significance of them or explain why you appear rather hellbent on keeping them in the public domain?

I don’t understand either the relevance or the purpose and I haven’t been able to find a suitable explanation .

sleK Says :

Fn , 07/28/2006 –

12 33am

Ok, so it is just disclosure for the sake of disclosure .

Quote:

BTW : Thought you caved in ra ther quickly on

that .

Well, if there was some point to it I’d probably be willing to

help. But, as it appears that there’s really no cause and you’re just stirring the pot to see the water go ’round, there’s no reason for me to get involved . login or register to post comments

Quote :

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 19 of 29

login or register to post comme n ts

Fair enough, but surely you understand how unreasonable it

is to expect site ops’, like myself, to support your apparent

grudge when faced with the costly prospect of litigation?

Quote:

It may have taken 3 yrs but Tarbutt is spending

some cash trying to put the genie back in the

internet bottle .

It’s a beautiful thing . Once it’s out there it’s out there .

login or register to post comments

sleK Says :

Fri, 07/28/2006 –

6 52pm Quote:

I would only opine that it seems to say that once info is published that is the end of confidentiality .

That may be so but it doesn’t dissolve liability.

IANAL, but it appears to me that an entity needs only to

establish the economic value of the information and

demonstrate “reasonable efforts to maintain the secrecy” of the information before injunctive relief and damages can be granted.

Quote:

Gee Slick, a 33 year old female ski bum ran

right over you I I I !

Is this addressed to me?

Look, I’m just trying to help as it’s pretty clear that you

haven’t the faintest clue about what you’re getting yourself

into .

The simple fact is that you may end up in court, facing whatever injunctive relief and damages that Target puts on the table, should Target choose to pursue you . From experience, I can tell you that it’s not a fun place to be . But,

if you’re intent on finding out for yourself, keep it up and

good luck.

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 20 of 29

Target’s Lawyers are monitoring this web site!

 

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Put yourself in Target’s place : one of your ex-employees has posted on a website confidential proprietary information about The Target Stores Employees’ Web Site Home » Forum N Workplace Issues » General Co nversation Posted by Target Sucks – at 2006-07-28 08 : 38

This site is being monitored by the Faegre Benson law firm on behalf of Target Stores .

The screen name used is normally ‘bunkl’ and this person is Kerry L . Bundy of the law firm of Faegre Benson 612 766 8217. kbundy@faegre .com . He and his firm are monitoring this web site for anti Target activities .

FYI : http ://www.retail- orker.com/documents/20060727 .target cease_and_desist .pdf and their web site is www .Faegre .com pri nt er friendly page

Username :

Password :

Posted by This is horrible news . I hope this site does not give up your

jollyrancher information . Shameful of them to even ask . It’s one thing to ask

Fn, 2006-07-28 to have your post removed, but I’m sure there is some sort of

11 :08 privacy act . A million scurges on Mr . Bundy and Faegre Benson

Law firm.

Fast answers

from union reps

∎ direct deposit

∎ ETL Round-Robin

interview

∎ 8 hours between shifts

Posted by The link above refers to a different site, not this one, and the Rocktane document in question is confidential proprietary information, not

Fri, 2006-07-28 anything to do with organizing or union activities . I’m sure they

12 :56 check this site also, as you would expect if there’s a risk that a

disgruntled employee or ex-employee might be revealing

company secrets . I’m shocked that anyone would be surprised

by this .

l ogi n or reg is ter to po s t comment s

f Posted by I guess it doesn’t surprise me that they monitor the site . But to

i jollyrancher sic their attorneys on someone. After my experience at Target

Fri, 2006-07-28 and seeing the Nazi behavior there, I hate everything about it .

13 :17 And any company that would work for them . Plague on them all for supporting a company tha treats people so poorly .

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Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 21 of 29

—— —

Fri, 2006 -07- 28

j 13 :40

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Do I want to pursue

becoming an etl~~~ help

me out

(latest reply)

8 min 40 sec ago

∎ Mi[ch Stover’s

Distribution Roundtable

(

∎ Target’s Lawyers are

monitoring this web site

(General Conversation)

21 replies

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2 hours 32 min ago

∎ Target Wal-Mart Liter

(wages and benefits)

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1 day 18 hours ago

∎ Target Sucks message

board

(Announcements and

Information)

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Who’s online

there are currently I user

and 26 guests online

Online users

∎ Do I want to pursue

becoming an etl’77 help

me out

(General Conversation)

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vacation hours

(wages and benefits)

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∎ Target’s Lawyers are

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the inside operations of a business you own, which, as one of

your employees, they signed an agreement not to reveal, and

which could cost your company millions of dollars . Y don’t know

if such an offense would be legally prosecutable, but at would

certainly warrant pressure to stop it. I would expect you to pull

out all the stops . What is different about Target

Posted by I can see Target’s side I guess, but then maybe they shouldn’t i jollyrancher treat people so poorly . I think they are a shitty company and Fn, 2006-07-28 they and anyone that they retain, are one in the same, bastards .

i 15 :30 This lawfirm should be embarrassed to be associated with Target.

jollyrancher wrote :

I can see Target’s side !guess, but then maybe they

shouldn’t treat people so poorly . I think they are a

shitty company and they and anyone that they

retain, are one in the same, bastards . This lawfirm

should be embarrassed to be associated with Target .

I agree that Target should not treat people badly . Nor should any other company, in an ideal world . I am apparently lucky in that I have not had your negative experience ; Target has treated me pretty well . I’ve had a couple of GLs that required me to use my diplomatic skills to get along with, and once or twice I was denied a day off that I had requested, but otherwise,

I have no real complaints . I get chills when I think how I almost got stuck working at a focal assembly plant when the Target DC was having its job fair. That place would have been a nightmare if they’d hired me ; just the few days I worked there as a temp creeped me out for weeks . Thank god Target hired me ; there is nothing they’ve thrown at me yet that I couldn’t handle, or that

even approached some of the crap I’ve had to put up with at

other places . Obviously, it must be a lot different in your neck of

the woods .

~ Posted by I think it probably does have a lot to do with what part of the jollyrancher country you are in . Certain people get into power and become

Fn, 2006-07-28 control freaks and make everyone miserable . And because of 16:06 that, sites like this form and people leak out sensitive info . V

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 22 of 29

Target Sucks –

Fri, 2006-07-28

17 :04

Firefox is a free, open

source web browser that’s

way better than Internet

Explorer

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i Posted by Duly noted on the gender of Kerry . I went off of the original

jollyrancher post . Even worse in my opinion for a woman to represent such a

i Fn, 2006-07-28 selfish company That is funny about trying to keep the genie in

17:18 the bottle. LOL

login o r re gi ster to p ost comments .

Posted by

Target Sucks –

XML is a way t o gather

we b s i te he adlines without

visi t in g the site You can

use a p rogr am like

F eed R eader o r a web

b rows e r like Fire Fo x

~^ GEi F I REFO X

Ci

jollyran icher wrote:

This is horrible news . I hope this site does not give

up your information . Shameful of them to even ask .

It’s one thing to ask to have your post removed, but

I’m sure there is some sort of privacy act . A million

scurges on Mr . Bundy and Faegre Benson haw firm .

[b]

As pointed out by another poster the site threatened is the 2

retailworker .com sites ( & retail-worker.com) I also noted that

one site on which this was posted is now closed down with no

prior notice .

As far as I know it was posted on this site by another poster and

even prior to that it was emailed to me and it was put onto several sites .

I believe that the OP here and the owner of the TS site closed were both employees of T, but I don’t know that for certain, well 1 I don’t know for certain . I doubt that either of them are still T employees .

As to whether or not said info is in some form ‘protected’, I have

no idea and don’t care . I saw it both online already posted and

via email and if someone at T let the cat out of the bag then that

is between T and them . I didn’t sign any confidentiality

agreement with them and really don’t give a rats ass if they like

it or not .

My private opinion, and I am not an atty, is that once someone

else posted it online it was free for anyone to copy or repast . I

think there may be some sort of constitutional argument there about ‘free speach’ or some such BS but I will leave it to more smarter people than me to look into that .

All I can predict is that other nice people, like those reading this, will probably copy it and repost it on other sites, so the people at Faegre Benson will be quite busy trying to get the genie back into the Internet bottle .

BTV1f : Kerry L. Bundy is a ‘she’ (W/F/33) not as initially identified as a ‘he’ . Take a look at :

http ://www .Faegre.com/lawyer_bio .aspx7pid=7371

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 23 of 29

Not surprisingly, there are advantages and disadvantages to

using trade secret protection to secure different types of

business assets. Deciding whether to patent certain technology –

or keep it under wraps as a trade secret – is often a tough strategic call . Usually, the decision rests on the type of information that needs to be protected .

Most intellectual property owners find the indefinite time limit of trade secret protection appealing, assuming that the information can be maintained in confidence and not easily replicated in the

market. For example, say that the knowledge you wish to protect

is a manufacturing process . If you patent the process, you get

protection for about twenty years . Even though your competitors know exactly what you’re doing, they can’t copy your process when your patent expires, however, it’s open season on that technology .

By contrast, if you rely on trade secret protection to secure your process, your protection lasts forever, as long as the process

Fri, 2006-07-28 jollyrancher wrote :

17 :27

Duly noted on the gender of Kerry . I went off of the

original post . Even worse in my opinion for a woman

to represent such a selfish company . That is funny

about trying to keep the genie in the bott le. LOL

Here is a longish brief on info confidentiality . A casual reading by me seems to suggest that once info is published it looses its confidential trade secret status . Take a read and inform yourself on the issue :

An Ove rview of Trade Secret Pro tection Can you keep a secret?

That’s the challenge for intellectual property owners who rely on trade secret protection to secure their sensitive business assets .

Unlike patents, most copyrighted works, and trademarks – which

must be publicly disclosed in order to seek recourse from

competitors who want to stea l them — trade secrets have legal

value only to the extent that they stay secret .

File a patent on a new chemical or drug, and you can enjoy exclusive legal rights for about 20 years (often less in practical market terms) . As long as you keep trade secrets away from prying eyes, however, they last forever . The trade-off Once they’re out, they’re gone . A no-longer-secret trade secret enjoys

essentially no legal protection under trade secret laws .

Just about anything can qualify as a trade secret – formulae,

computer programs, business methods, database information,

customer lists – basically, any knowledge that has economic

value because people such as competitors don’t know about it and could profit from it if they did . It doesn’t necessarily have to be new, different, or unique, as you would expect from patented material and/or even fixed in a tangible form, as with copyrighted works . As long as the information has value because

no one else knows about it – and you take reasonable efforts to avoid disclosure – it can qualify as a trade secret .

Pros a nd Cons

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 24 of 29

Protecting Your Trade Secrets

How do you take reasonable efforts to protect your trade

secrets Here are a few key stepsremains

secret. However, if a competitor is able to replicate the

process (without stealing your information), such as through

reverse engineering, they’re free to do so at a ny time, and there

is usually little or nothing you can do about it . So the question

your business faces is : how vulnerable is your knowledge to

being replicated or discovered by others The answer will shape

the kind of IP protection you’re likely to seek .

Misappropriation

Unlike patents and copyrights that are governed by federal law,

trade secret protection derives primarily from state law . The

origins of trade secret doctrine date all the way back to a

Massachusetts Supreme Judicial Court decision in 1868, and

while numerous courts (including federal courts) have weighed

in on specific aspects of trade secret law ever since, no federal

civil legislation has ever tackled trade secrets directly . Instead,

trade secret laws have been enacted on a state-by-state basis .

Minnesota was the first state to adopt the Uniform Trade Secret

Act (UTSA) in 1980, and more than forty other states have since

followed suit . The UTSA was adopted in the wake of an

increasing reliance by businesses on trade secret protection and

a desire to codify common law trade secret principles .

Distilled to its essence, under the UTSA and most state

interpretations, the existence of a trade secret is established

using a two-fold test . First, you must have knowledge or

information that derives independent economic value from not

being generally known or readily ascertainable . Second, you

must have taken reasonable efforts to maintain the secrecy of

the knowledge or information . In that circumstance, the llTSA

provides protection by prohibiting the “misappropriation” of

trade secrets and providing various remedies, including

injunctive relief and damages .

“Misappropriation” covers both obtaining trade secrets through

improper means and disclosing or using them without consent .

The UTSA also casts a broad net to include not only actual

misappropriation (where the theft or disclosure has actually

occurred), but also “threatened” misappropriation (which some

courts have held to include events such as a key employee

bolting to a competitor and putting a trade secret at serious risk

of disclosure) .

What kinds of actions or circumstances create the greatest risk

for trade secret owners Consider the following :

One of your employees or independent contractors who has

knowledge of your trade secrets leaves to join one of your

competitors

One of your suppliers or distributors also works for a key

competitor

One of your licensees, customers, business partners, or

employees decides to start a competing business

You disclose your confidential information to a prospective

business partner, and the deal fails through

This is not an exhaustive list, just a sample of the many ways in

which day-to-day business dealings put your trade secrets at

risk of misappropriation

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 25 of 29

Extend the security procedures to computer systems . Obviously,

trade secrets stored in electronic format are particularly

susceptible to theft . The entire subject of information systems

security may warrant a thorough review by the organization, to

minimize the possibility of external “hacking” or internal security

breaches. The same care regarding access and labeling that is

extended to physical space or documentation, should extend to

computer systems where trade secrets are stored .

Be mindful of third parties . If business associates, prospective

customers, or members of the public have access to facilities in

which trade secrets are stored or used, take particular care to

avoid inadvertent disclosure . This might include accidents

(where documents are left carelessly in open view) or even

deliberate but unintentional disclosures (such as tour guides or

other employees who inform visitors about the project or

process within the facility) .

Screen speeches and publications where appropriate . Trade

secrets often wind up being disclosed unintentionally at trade

shows or in magazine articles, publications, press releases, or

speeches . Engineers, marketing executives, mid-level managers,and others may exchange ideas with colleagues or share information publicly because they are unaware of its sensitivity .

Put it in writing . Consider keeping a written statement of your

trade secret security policy . This provides two advantages . Fir st,

” unwritten rules” may wind up being laxly or inconsistently

enforced within the organization . Second, documented trade

secret pol icies provide evidence in court of the seriousness of

the company ‘s efforts to protect its secrets .

Let your employees know . A proper trade secret protection plan

should make employees aware of the confidentiality of certain

information and, where appropriate, periodically remind them of

thei r obligations to keep that information secure . This would

include hav ing employees counter-sign wr itten confidentiali ty

agreements. In addition, companies should consider conducting

“exit interviews ” with departing employees that i nclude a written

reminder of their ongoing responsibility to keep trade secret

information secure .

Restrict access . “Sorry, that information is on a need-to-know

basis.” Where appropriate, keep trade secret information

physically separate from nonproprietary information, and restrict

access only to those who genuinely require it . Depending on the

nature of the intellectual property, this segregation may be as

simple as keeping information in a separate filing cabinet, or it

may necessitate building an entirely separate and secure facility .

Implement physical security. Consider providing additional

security for the information through locked doors, gates, and

cabinets. Again, the level of physical security will vary depending

on the nature of the information and how the information is used

in the business operations .

Consider labeling trade secret documentation . It can be very

easy to reproduce, scan, and distribute documents today . Not

only should documentation related to trade secret information be

treated with special care, but in appropriate circumstances, it

may be prudent to label trade secret documents as “SECRET” or

“CONFIDENTIAL .” A company may also want to educate its

employees who have access to such documents about their

status, including the sensitivity of and destruction of trade secret

documents .

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 26 of 29

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One tool for reducing this risk is implementing a policy of prescreening

all public communications .

Protect yourself with contracts . The nature of many businesses

may require a company to disclose its trade secrets to potential

buyers, licensees, joint venture partners, or other outsiders .

When engaging in these kinds of third-party transactions,

consider monitoring the flow of information carefully and

documenting the nature of the trade secrets exposed and the

specific limited use to which they may be put . This may include

specific confidentiality agreements with the third parties.

When properly identified and secured, trade secrets can often be the most powerful of the various forms of intellectual property protection, given the indefinite lifespan they can offer . Trade secret owners can also obtain swift and dramatic relief in court if they act quickly and have taken care along the way to document and follow their trade secret protection plan . But trade secrets are, by their very nature, fragile . A secret only has value to theextent you can keep it a secret .

And in case you wondered who wrote this it is our pal Ms . Kerry L Bundy the 33 yr old ski bunny from Mn .

Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 27 of 29

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