The owners of a Genesee County restaurant have filed a lawsuit claiming former employees stole trade secret recipes for use at a competing eatery.
The Red Osier Landmark Restaurant, in Stafford, is seeking a permanent injunction to prevent the owners of Sunny’s restaurant, in Batavia, from using the recipes.
The defendants in the case include David Snyder, the controlling shareholder of DJS II Corp., and David Snyder Corp. DJS II operates Sunny’s, according to the complaint.
Nicole Granata and Justin Newmark, the former head chef and assistant chef, respectively, at the Red Osier, until Sept. 13, also are named defendants in the complaint.
The plaintiff is represented by Rochester attorney John T. Refermat.
The Red Osier was started in 1979 and is now owned by Steven Foster and Timothy Adams.
The suit claims the Red Osier menu includes several unique dishes that “cannot be found anywhere else in Genesee County or beyond.”
“Until the events underlying this litigation, the recipes, processes and related information were within plaintiff’s exclusive knowledge,” according to the complaint.
“Plaintiff expended considerable time and effort in developing the trade secrets, diligently guarded their secrecy, and that information gave plaintiff competitive advantages in the marketplace, and was important to the continuing operations of its business,” according to the complaint.
“The trade secrets were not known outside the plaintiff’s business or readily ascertainable by outsiders, and plaintiff kept them secret within its restaurant business, safeguarding them in the kitchen, so that employees could use them on an as needed basis,” according to the suit.
“Plaintiff also maintains master copies of the trade secrets in a secure, undisclosed location,” according to the suit.
Red Osier employees are bound by a non-disclosure agreement to maintain the secrecy of the recipes, according to the suit.
“Defendants conspired to misappropriate plaintiff’s trade secrets, and are now using, and/or planning to use them at Sunny’s, including to compete with plaintiff,” the suit claims.
“Defendants’ unlawful misappropriation of plaintiff’s trade secrets will, among other things, cause substantial financial harm to plaintiff, dilute plaintiff’s distinctive reputation, which plaintiff earned over many years, and will cause confusion in the marketplace,” according to the complaint.
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