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ITC Sues CADopia
Today the ITC announced that it is suing former member CADopia for:
CADopia has not updated its products in a while. The latest version CADopia 8 is based on the now outdated IntelliCAD 6.4. This probably means that they had been denied access for to the ITC source code for quite some time now.
In its press release the ITC shed some light on its relationship with CADopia:
I get the feeling that things are going to get messy from here on.
- Breach of Contract
- Trademark Infringement
- Unfair Competition
- Deceptive Trade Practices
CADopia has not updated its products in a while. The latest version CADopia 8 is based on the now outdated IntelliCAD 6.4. This probably means that they had been denied access for to the ITC source code for quite some time now.
In its press release the ITC shed some light on its relationship with CADopia:
In October 1999, CADopia signed one of the first commercial member contracts to join the ITC and resell IntelliCAD under the brand name CADopia. During the next ten years, CADopia became one of the more well-known products based on IntelliCAD. CADopia founder and CEO, Surya Sarda was very active in the management of the ITC, serving as ITC president from 2001 to 2004, ITC Development Manager from 2002 to 2004, and ITC Board Member from 2001 to 2007.Surya Sarda refused to comment on the dispute since it was sub judice. But told me he would be counter-suing the ITC for damages. The ITC is already asking the court for damages and attorney fees, besides making CADopia stop distributing its products.
I get the feeling that things are going to get messy from here on.
Comment
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Comment by Darcy Detlor on November 20, 2009 at 7:20am -
I have been the Treasurer of the ITC since 2006 and can confirm some simple facts.
CADopia failed to pay its 2008 membership in full and has paid zero towards its 2009 membership fees. After numerous failed attempts to collect the outstanding fees, the ITC Board of Directors took action and terminated CADopia's membership.
CADopia no longer has the right to sell products based on technology owned by the ITC. It is not that complicated. The ITC would not have started this action unless it had exhausted all other options.
The claims that Surya is making for payment for positions held in the past will not get very far, because at the time they were voluntary positions (unpaid) - as is the position that I now hold as Treasurer. He is trying to create a smoke screen to hide the fact that he did not pay his membership fees.
We are in a tough recession, and it is difficult for many companies. The ITC would have much preferred that CADopia had paid its membership fees and remained a member. In 2010 the ITC will be releasing the much awaited, complete rewrite of IntelliCAD. It is unfortunate that CADopia will miss this opportunity after so many years of membership.
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Comment by B Decker on November 11, 2009 at 5:06pm -
"As someone who linked to the ITC at the highest levels, one assumes that Surya is much smarter than that."
Yeah exactly. One would think that.
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Comment by Deelip Menezes on November 11, 2009 at 9:32am - I guess there are two sides to every story. Looks like we will have to wait for the legal battle to start to find out the other side. It sounds weird to me that CADopia simple stopped paying and continued to use the IP and trademarks of the ITC. As someone who linked to the ITC at the highest levels, one assumes that Surya is much smarter than that.
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Comment by B Decker on November 11, 2009 at 7:52am
- Thanks for the link to the official press release, but the contract is pretty clear. Interestingly, as former board member of the ITC, the terms of this contract should be very well known to Mr. Sarda already I don't understand what "damages" that he plans to counter-claim for. I'm not sure how many new sales he is generating, but earning anything royalty-free sounds like a pretty good business plan to me. Except when its breach of legal contract.
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