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The IntelliCAD Technology Consortium Files Breach of Contract and Trademark Infringement Lawsuit Against CADopia

Posted by ITC Press on Mon, Nov 09, 2009 @ 07:10 PM
Portland, OR -November 9, 2009 - The IntelliCAD Technology Consortium (ITC) announced today that it filed a complaint on November 5, 2009, in the United States District Court for the District of Oregon against CADopia LLC, alleging, among other things, breach of contract and trademark infringement, unfair competition, and deceptive trade practices.

Founded in 1999, the ITC is an organization of like minded software development companies that focus on the development of a computer aided design ("CAD") platform designed to be integrated into member applications for use by engineers, surveyors, architects, designers, and drafters. Members of the ITC pay an annual fee for a license to distribute the IntelliCAD software as part of their product offering. As a result, the IntelliCAD mark has become very well-known in the CAD industry and has strong goodwill associated with it.

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.

In late 2008, CADopia failed to pay the annual license fee to continue licensing and distributing IntelliCAD. The ITC made repeated attempts to work with CADopia to resolve the outstanding balance, but CADopia did not pay the balance due for the remainder of 2008 and 2009. The ITC finally terminated CADopia's ITC membership in May of 2009.

The ITC member contract stipulates that when a member is terminated, that member must immediately stop using IntelliCAD trademarks and recall all products bearing the trademarks from its distributors. Despite repeated requests from the ITC for CADopia to discontinue selling the IntelliCAD based product, CADopia continues to advertise the CADopia product and to use the IntelliCAD marks on their commercial web site and online store.

The complaint filed by the ITC seeks, among other things, to enjoin CADopia's infringing actions and that the ITC be awarded damages and attorneys' fees.

About the IntelliCAD Technology Consortium: The IntelliCAD Technology Consortium licenses the IntelliCAD technology to its commercial members, who in turn market and sell applications based on IntelliCAD to their end users. The IntelliCAD Technology Consortium is an independent organization of software developers established specifically for the development of the IntelliCAD technology. Commercial members have access to the IntelliCAD source code, documentation, developer support, and more. For additional ITC news and information, visit the company web site (http://www.intellicad.org/) or call 1-503-293-7655.