Eci Macola/Max, LLC v. Consumeracq, Inc. et al (D. Mass. 21-cv-1114).

  • July 7, 2021

ECi accuses a number of entities for copyright and trademark infringement, breach of contract, tortious interference with contract, conversion, trade secret misappropriation under the Defend Trade SA, and unfair competition.  ECi provides software for companies in the manufacturing, building and construction fields, including a software product called “Macola®.”  ECi says that defendant Consumeracq purchased a limited license for use of Macola®, but then unlawfully shared and distributed the software to affiliated but unlicensed entity defendants The Consumers’ Builders Supply Company, Hull Builders’ Supply, Grafton Ready Mix, Brick Distributors d/b/a The Brickyard, and Fralley Corp.  While the plaintiff and defendants are all Ohio businesses, the software license agreement provided for jurisdiction and venue in Massachusetts, which was the location of ECi’s predecessor, Exact Software North America LLC., which was the entity that entered into the license with Consumeracq. 

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