Rauch Amends Radko Complaint; Seals Filings
By Staff -- Gifts & Decorative Accessories, 8/30/2007 8:17:00 AM
Charlotte, NC — Rauch Industries added more charges to its lawsuit against its employee, ornament creator Christopher Radko. In addition to existing claims of breach of contract, fraud and other allegations, the amended complaint also accuses Radko and Northstar (the Polish ornament manufacturer which, Rauch alleges, he secretly owns) of infringing Rauch’s trademarks and trade dress, and making false and misleading representations. These claims arise from Northstar’s recent offer to sell ornaments directly.
Rauch also made a motion to seal some of its court filings, including a motion for a temporary restraining order and preliminary injunction and the memoradum and exhibits which support it. Rauch asked the court to seal the filings on the grounds that they contain sensitive and confidential business and financial information. The sealed documents include Document Declarations of Aldus Chapin II, chairman of Rauch’s board of directors; Ron Hendon, Rauch’s COO, Michael Carey, national sales director at Christopher Radko, Iwona B. Sadowska and Carlyle Paiva.
Prior to Tuesday’s spate of filings, the last movement in the case had been Radko’s: on August 23, he replied to Rauch’s response to his motion to dismiss one count of the original complaint, claiming the precedent Rauch cited does not apply to officers and directors. According to Rauch’s amended complaint, Radko also resigned from Rauch’s board of directors on August 21.
