MPS Monitor S.R.L. (MPS), Nicola De Blasi, and Valsoft Corporation Inc., filed a complaint against Oberon Americas Inc. (Oberon) and Denis Dreni alleging trademark infringement, unfair competition, defamation, and interference with business relationships.
MPS Monitor had a distribution agreement with Oberon, allowing Oberon to distribute MPS Monitor’s software in the Americas. However, MPS Monitor terminated the agreement on 10 July 2023, citing Oberon’s misuse of confidential customer data and solicitation of customers using proprietary information.
Despite losing two challenges against this termination in Italian courts, Oberon continued to use MPS’s trademarks and falsely claimed that MPS illegally took over their customers.
Key allegations in the complaint are:
- Trademark infringement & unfair competition: MPS alleges Oberon continues to use their trademarks (MPS Monitor) and a related slogan (Internet of Printers) without authorisation, misleading customers and infringing on their intellectual property rights.
- Defamation: Oberon allegedly sent emails to customers, falsely accusing MPS of conducting a “hostile takeover” and engaging in criminal activities. They also involved law enforcement and threatened legal actions against customers switching to MPS. These false statements significantly harmed MPS’s reputation.
- Tortious interference: Oberon’s emails and public statements to customers, including cease-and-desist letters, allegedly misled customers into believing they couldn’t work directly with MPS after the termination of their agreement.
MPS seeks njunctive relief to stop Oberon from using their trademarks and spreading false information, compensation for lost revenue due to Oberon’s interference and punitive damages to deter further defamation.
The lawsuit represents a comprehensive attempt to address Oberon’s continued unauthorised use of trademarks, defamation, and business interference following the lawful termination of the distribution agreement.
