July 6, 2006, 12:00 AM

Court rejects Ecometry’s request for restraining order against PCS

A federal court in Florida has denied Ecometry Corp.’s requests for a temporary restraining order and a preliminary injunction against rival ProfitCenter Software in a copyright infringement suit.

A federal court in Florida has denied Ecometry Corp.’s requests for a temporary restraining order and a preliminary injunction against rival ProfitCenter Software in a copyright infringement suit.

Ecometry, a provider of multi-channel e-commerce systems, in April filed suit in U.S. District Court in Southern Florida alleging PCS violated the copyright on Ecometry’s MACS software. MACS is used to take and track orders, select and package merchandise, and control inventory.

Ecometry contends that PCS gained unlawful access to MACS source code and used that code to introduce a competing software program, known as Profitability Software Suite. Ecometry asked the court for an order preventing PCS from using MACS codes and any derivative use, sale and marketing of any products derived from the software.

In an affidavit supporting the motion for a temporary injunction, Ecometry CEO John Marrah said that Tiger Direct, one of its largest customers, and PCS have the same parent company-Systemax Inc. In addition, a former high ranking Ecometry executive with access to sensitive business information left Ecometry to take a job with PCS, Marrah said. He added that after the executive’s departure, MACS users began converting to the PCS Suite.

PCS denied the charges and contended that Ecometry had failed to show that PCS copied anything from MACS or that PCS had unlawful access to MACS or its source code.

Ecometry is pursuing its lawsuit against ProfitCenter despite the June 20 ruling denying its request for an injunction, Brian Dean, vice president of strategy and marketing, said in a statement.

“We are disappointed that the injunction has been denied, but we will continue to fight, and support our claim that ProfitCenter Software engaged in copyright infringement,” he said.

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