InSync provides training materials centered on virtual learning techniques through platforms like Zoom and Webex. InSync had previously licensed the materials to ASTD and provided training to ASTD. InSync says that after obtaining its materials and training, ASTD terminated the license and launched a competing service. InSync alleges that, prior to 2020, ASTD had offered solely in-person training and conferences, but was driven to license InSync’s virtual training programs as a result of the Covid pandemic. ASTD licensed InSync’s program in October 2020 and received four months of training in connection with the license. The license agreement precluded ASTD from using the licensed materials to develop a competing service. Upon terminating the license in March 2021, ASTD acknowledged its intention to provide a competing service. Despite assuring InSync that the new service was not based on InSync’s course materials, ASTD refused to allow InSync to review the new materials to verify this claim. InSync asserts that ASTD entered into the license solely to obtain the InSync materials and develop a competing product. InSync claims that ASTD’s course materials infringe InSync’s copyright in its own materials, as well as breach of contract, fraudulent misrepresentation and unfair competition.
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