Appeal upholds termination of ErgoDirect’s rights to sell and support WorkPace

An appeal verdict was delivered on 22 September 2009 by the Leeuwarden court. The Appeal upheld in full the original verdict against ErgoDirect.

This verdict, which was delivered in Wellnomics favour on 20 February 2009, is listed below (this is an English translation):

Judgement against ErgoDirect, Zwolle-Lelystad Court, 20 February 2009

The interim relief judge in the claim [of Wellnomics against ErgoDirect]

6.2        Orders Ergodirect, within five working days from service of this judgment, to cease and continue to desist from any utterance suggesting that Ergodirect is the representative or reseller for Wellnomics Ltd, or able to provide authorised maintenance on behalf of Wellnomics Ltd;

6.3        Orders Ergodirect to refer to Wellnomics Ltd any customer that approaches Ergodirect, including any customer making a payment, with respect to Wellnomics Ltd products or services;

6.4        Orders Ergodirect, within five working days from service of this judgment, to cease and continue to desist from any use of software directly or indirectly originating from Wellnomics Ltd, and any use of the ‘Trial Extension Utility’, ‘Trial copies of WorkPace’, ‘Registered versions of WorkPace, ‘The Wellnomics Risk Management product’, ‘Workpace Trial Code Generator, ‘Workpace Reports’ and ‘WorkPace Readdata DLL’, along with any use of the associated documents and materials, and to surrender these items on first request to Wellnomics Ltd;

6.5        Orders Ergodirect, within five working days from service of this judgment, to place on its Website, on its home page and under the headings ‘news’ [nieuws] and ‘our partners’ [onze partners] the announcement as per Appendix I B to this judgment [see below], and keep it so placed until 1 August 2009, in such a way that the announcement is seen by every visitor directly upon opening the relevant page;

6.1        Orders Ergodirect, following service of this judgment, at first request from Wellnomics Ltd, within five working days from such request, to sign the transfer forms, for the Netherlands, of the Stichting Internet Domeinnaam Registraties [Internet Domain Name Registration Foundation], and for Belgium, of the Vereniging Domain Name Registration Services België [Belgian Association for Domain Name Registration Services], and to return said forms to Wellnomics Ltd, and also to do or allow to be done everything required for the earliest possible transfer of the following domain names: Workpace.nl, Workpace.be, Workpace.de, Workpace.eu and Wellnomics.eu, to Wellnomics Ltd or an entity specified by Wellnomics Ltd;

6.6        Orders Ergodirect, at the first request from Wellnomics Ltd, to give a representative of Wellnomics Ltd access, during business hours, to all relevant Ergodirect books and data in order to determine whether, and if so to what extent, Ergodirect has complied with its obligations under the Agreement, and also for this purpose to allow the representative to make and retain copies of such books and data, subject to the obligation to use these copies solely for establishing Ergodirect’s compliance with the Agreement;

6.7        Orders Ergodirect to pay a penalty of €5,000.00 for each day or part thereof that it remains in breach of the requirements under 6.1, 6.2, 6.4, 6.5 and 6.6, and to payment of a penalty of €5,000.00 for each occasion that Ergodirect fails to comply with the order under 6.3, all subject to a maximum of €250,000.00;

6.8        orders Ergodirect to bear the costs of these proceedings on Wellnomics Ltd’s side, set up to the present at €4,339.95, plus legal commercial interest from 10 days after service of this judgment until the day on which it complies;

6.9        declares this judgment provisionally enforceable;

6.10      dismisses any further or other claims;

in the counter-claim [by ErgoDirect against Wellnomics]

6.11      dismisses the claims; and

6.12      orders Ergodirect to pay the costs of the proceedings on Wellnomics Ltd’s side, set up to the present at €1,000.00.