A Mississippi judge severely limited the ability of former Triton Systems of
De l a w a re In c. senior executives to align with another company and compete with
the ATM manufacturer in the future.
Last Ap ril, Triton sued Brian J. Kett, the Long Beach, Miss.-based company's former
president and CEO, and five other executives, alleging they misappro p riated Triton documents to form a relationship with ATM manufacturer GRG Banking Equipment Co. Ltd., a $1.9 billion firm based in China. Kett and the others had organized Global Cash Services LLC, a Nevada limited-liability company, to facilitate that relationship, Triton alleged
On July 3, Chancellor James B. Persons enjoined Kett; William D. Jackson, former vice president of engineering; Daniel D. Thurtell, former chief financial officer; and Global Cash Services from "communicating to any person, firm or corporation or partnership Triton's trade secrets." Persons sits on the Chancery Court in Harrison County, Miss. His 35-page ruling also enjoined the three men and Global Cash Services from using or attempting to use Triton's confidential
information. The decision also prohibited the men from working on a product line
alleged by Triton to be the result of its trade secrets and confidential information. "This
includes GRG 's retail ATM currently in development that is modeled in part or on
whole on Triton's RL2000 ATM," the judge wrote.
Persons' ruling also enjoined the three former Triton executives and Global Cash
Se rvices from soliciting Triton's customers, or from contacting or providing consulting
s e rvices to Triton's customers, clients, partners or advisors. Persons, however, dismissed Triton's claims that Kett and Jackson had violated their personal services contracts, which forbid them to compete against Triton.
"We are pleased with the injuncitve relief provided by the court ," Sheryl Bey, Triton's
lawyer, wrote in an e-mail message. Persons re q u i red Triton to post a
$250,000 bond to cover the defendants' attorney fees and damages if it turns out
on appeal Kett, Jackson, Thurtell and Global Cash Service we re "w rongfully
enjoined and restrained."
Kett wrote an e-mail message, saying he will not comment on the "preliminary
ruling " until after Fri d a y.