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FLORIDA RECORD

Thursday, March 28, 2024

Pinellas County concrete business accuses Kentucky competitor of using confidential data

Contract 05

CLEARWATER — A Pinellas County concrete service company is suing a Kentucky corporation, alleging breach of contract and unfair competition.

Concrete Technology Inc. filed a complaint April 18 in Pinellas County Circuit Court against Troy A. Wilkerson and Wilkerson Inc., doing business as Concrete Surface Supply, alleging the defendants used and misappropriated valuable business information and engaged in a competitive business activity in violation of the restrictive covenant agreement.

According to the complaint, on Aug. 11, 2014, Concrete Technology gave the defendants exclusive rights to its products under a distributor agreement and restrictive covenants wherein the defendants agreed to protect confidential and valuable business information. 

However, on Jan. 17, 2017, the suit says, the defendants formed WINC and registered “CTI OF KY” as WINC’s fictitious name in the commonwealth of Kentucky without the plaintiff's knowledge or consent and purported to sell or assign the agreement to third party. 

The plaintiff alleges Concrete Surface Supply materially breached the agreement by purporting to assign the agreement without the owner's knowledge or consent, misappropriating the valuable business Information and violating the restrictive covenants.

Concrete Technology seeks trial by jury, damages of more than $15,000, reasonable attorney fees, court costs and all other relief the court deems just and proper under the circumstances. It is represented by attorneys Leonard S. Englander, John W. Waechter and Andrew J. Davis of Englander and Fischer LLP in St. Petersburg.

Pinellas County Circuit Court case number 18CA002410

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