Pearl Cohen Client Broker Genius Awarded Preliminary Injunction Against Copycatting Former Customer

NEW YORK, June 27, 2018 /PRNewswire/ -- In a decision that clearly demonstrates the importance of your Terms of Use (ToU) agreement, U.S. District Court Judge Sidney Stein of the Southern District of New York awarded Pearl Cohen client Broker Genius (www.brokergenius.com) a preliminary injunction against Seat Scouts, a former customer of its software-as-a-service (SaaS) ticket brokering solution.  In the last six months, Pearl Cohen (www.pearlcohen.com) and Broker Genius have also obtained permanent injunctions against two other ex-customers who admitted to copycatting Broker Genius's software in violation of its ToU.

"As the court's 40 page opinion makes clear, an enforceable ToU can be a potent weapon, often the last one, in a software company's arsenal against a client turned software thief," said Pearl Cohen's Veronica Mullally Muñoz, lead lawyer for Broker Genius.

"There is a very clear line between fair and unfair competition and the ruling by Judge Stein is a testament to that fact," said Broker Genius CEO and founder Sam Sherman. "We are ready to put this matter behind us and focus all of our efforts on creating more value for our clients."

Broker Genius was represented by Partners Veronica Mullally Muñoz and Daniel Melman of Pearl Cohen's New York office. The preliminary injunction enjoins Seat Scouts from using and selling Command Center, the application that Broker Genius claims was improperly derived from its own AutoPricer software in violation of its ToU.

The Court found that the Terms of Use Agreement prohibited Seat Scouts from "creating a product that was derived from AutoPricer and that Broker Genius is likely to prevail on its claim." Judge Stein concluded that Seat Scouts breached the ToU Agreement when it based its Command Center software on AutoPricer and that Broker Genius would "suffer irreparable harm if an injunction does not issue."

Previously, Pearl Cohen and Broker Genius brought lawsuits against NRZ Entertainment and Price-Meister. Both cases were successfully litigated in favor of Broker Genius and resulted in permanent injunctions being entered and undisclosed settlement agreements.   

About Pearl Cohen
Pearl Cohen Zedek Latzer Baratz (www.pearlcohen.com) is an international law firm with affiliated offices in New York, Boston, London, Tel Aviv, Herzliya, and Haifa.  Representing innovation-driven companies and their investors, Pearl Cohen advises clients around the world, from Fortune 500 companies to start-ups.

About Broker Genius
Founded by CEO Sam Sherman in 2013, Broker Genius (www.brokergenius.com) has grown from 3 employees in Far Rockaway, NY to over 130 employees across the world. To date, Broker Genius has priced over $2 billion of ticket inventory on its innovative platform. "Our mission remains the same – we strive for pricing perfection by combining the power of data with the logic of the human brain." 

SOURCE Pearl Cohen