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FLORIDA RECORD

Thursday, March 28, 2024

A Florida corporation sues software developer over alleged breach of contract

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In the 21st century,many out-sourcing options are as available as a computer keyboard. | Adikos / Flickr

TAMPA — A Florida corporation is suing Charactell Inc. and Charactell Ltd., a software developer, citing alleged breach of contract and unjust enrichment.

OCR Solutions Inc. filed a complaint on Oct. 14, in the U.S. District Court for the Middle District of Florida against the defendants alleging that they breached their duties of good faith and fair dealing.

According to the complaint, the plaintiff alleges that on Dec. 11, 2012, OCR Solutions Inc. and defendants executed a Mutual Confidentiality Agreement to allow them to share proprietary business information in confidence. At that time, the defendant, a software developer, had no experience, contacts or clients in the ID scanning industry other than plaintiff, and as a matter of fact, plaintiff contributed its database of ID images, InfoScan software, instructions, testing and $10,000 for the purchases of licenses for the development of a software to be known as idCliQ. Subsequently, defendant allegedly sent an unacceptable proposal and became antagonistic with plaintiff and attempted to cut it out of the project. 

The plaintiff holds Charactell Inc. and Charactell Ltd. responsible because the defendants allegedly failed to honor contract that included joint control over the development of the software, its finished product, and profits or losses from the project, attempted to steal plaintiff’s clients and confused potential clients to its affiliation with the plaintiff by adopting the plaintiff's name in their website headers.

The plaintiff requests a trial by jury and seeks judgment against Defendant for $40,000.72 plus interest, costs, and further relief the court deems just. They are represented by Joseph J. Weissman and Sarah J.M. Smith of Johnson, Pope, Bokor, Ruppel & Burns LLP in Tampa.

U.S. District Court for the Middle District of Florida Case number 8:16-cv-02922

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