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Former Employee Accused of Misappropriation by Self-Defense Company

FLORIDA RECORD

Monday, November 25, 2024

Former Employee Accused of Misappropriation by Self-Defense Company

State Court
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Cobra Training Systems, Inc. and Evan Sutton have filed a complaint against Mark J. Meconnahey (aka Mark McKay), Tim Robertson, and Rhino Tactical Defense LLC in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida on May 23, 2024.

The plaintiffs allege that Mark McKay, a former employee of Cobra Training Systems, misappropriated proprietary information and resources to benefit his new venture, Rhino Tactical Defense LLC. The complaint details that McKay had access to confidential customer lists, social media accounts, and other sensitive information during his tenure as Chief Operating Officer (COO) and Vice President at Cobra. Upon resigning from Cobra on March 30, 2024, McKay allegedly used this privileged information to siphon clients from Cobra to Rhino Tactical Defense.

According to the complaint, McKay set up a competing website mimicking Cobra's layout and design while still employed at Cobra. He also hijacked Cobra’s Facebook page by changing its name to Rhino but retaining all previous content including reviews and photos. This action was intended to capitalize on Cobra’s established reputation for the benefit of Rhino Tactical Defense.

The plaintiffs further claim that Tim Robertson, another defendant who was previously affiliated with Cobra, joined forces with McKay at Rhino Tactical Defense. Robertson is accused of rebranding his Google My Business profile from "Cobra Self-Defense Fort Lauderdale" to "Rhino Tactical Defense Coral Springs," thus misleading customers by using reviews originally meant for Cobra services.

Cobra Training Systems is seeking various forms of relief including damages exceeding $50,000 for breach of fiduciary duty by McKay. They are also pursuing claims for tortious interference with advantageous business relationships against both McKay and Rhino Tactical Defense LLC. Additionally, they are seeking injunctive relief under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) to prevent further misuse of their trademarks and copyrighted materials.

Evan Sutton has also filed a personal claim against the defendants for invasion of privacy under Florida Statute §540.08. Sutton alleges that McKay and Rhino used the name and image of Chris Sutton—Evan's deceased father and founder of Cobra Training Systems—without permission for commercial purposes.

Representing the plaintiffs are attorneys Andrew J. Mongelluzzi, Sean M. Wagner, and Thomas “Andy” Munkittrick from Clearwater Business Law LLC. The case is being overseen by Judge Ken Burke under Case Number 24-002279-ClI.

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