Target Corp v. John Doe - Sept 5 2006 Filing

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

Target Corporation, a Minnesota
corporation

V .
JOHN DOE, 1 :06-CV-2116
Defendant

For its Complaint, plaintiff Target Corporation ("Target") states and alleges as
follows

INTRODUCTION
Target brings this action against an Internet user who is deliberately posting Target
copyrighted, confidential, proprietary, and trade secret information across the Internet,
including to a website hosted in Minnesota. Target seeks an injunction against Defendant, as
well as other available legal and equitable relief arising from Defendant's tortuous actions .
PARTIES
1 . Target is a Minnesota corporation with its principal place of business in
Minneapolis, Minnesota .
2 . The true name and capacity of Defendant is unknown to Plaintiff at this time
Defendant is known to Plaintiff only by his Internet username "Target Sucks ." Additionally,
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 1 of 29

2
mrpauljrogers@yahao com, chams46Chotmail .com, anonymousematl2@aol com,
ILovePie@yahoo.com, and usembassysouthafi-ica@hotmail.com
JURISDICTION AND VENUE
3 This Court hasjurisdiction under 17 U .S C § 101 et seq, 28 U .S .C.
§ 1331(federal question); and 28 U .S C § 1338(a) (copyright) . This Court also has
jurisdiction over this matter under 28 U .S C. § 1332(a)(1) because the matter in controversy
exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens
of different states .
4 . Venue in this District is proper under 28 U S C § 1391 and/or 28 U .S.C
1400(a). Although the true identity of Defendant is unknown to Plaintiff at this time, on
information and belief, Defendant resides in the State of Georgia and a substantial part of the
acts of infringement and rrusappropriahon complained of herein occurred in this District .
FACTUAL BACKGROUND
Target's Business and Valuable Intellectual Property
5 Target owns and operates retail merchandise discount stores across the United
States . Today, Target operates more than 1400 TARGET stores, including more than 45
TARGET stores in Georgia
6. As part of its effort to protect its retail stores from physical threats and
financial losses, Target, through considerable effort and expense, has created loss prevention
procedures and protocols . One of the key loss prevention protocols created by Target is
Target's Asset Protection Directives ("Target AP Directives")
7. The Target AP Directives are a set of written methods, techniques and
processes that are used by Target's asset protection personnel to secure Target's merchandise
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 2 of 29

Internet at the website wrAw .targetunion .org .
and other property from theft, and to deal with the apprehension of shoplifters and other
wrongdoers .
8 . The Target AP Directives are Target copyrighted, confidential, proprietary,
and trade secret information .
9 The Target AP Directives include information that is not generally known to
the public or in the industry .
10 . Target goes to considerable measures to protect the secrecy of this
information The Target AP Directives are password restricted and only available to those
employees with a "need-to-know," namely, the asset protection team .
11 . Target has an Information Security Policy where all employees, before
commencing their employment, sign an acknowledgement agreeing to maintain the
confidentiality of Target's non-public information . and to never disclose it to anyone outside
of the company.
Defendant's Improper Use of Target's AP Directives
12. On or around June 29, 2006, Defendant acquired a copy of Target's AP
Directives from a recently terminated Target employee, Scott Hundt ("Hundt") . Upon
information and belief, Hundt only knew Defendant because of his anti-Target website
postings Hundt sent a copy of the Target AP Directives to Defendant by email
13 Hundt, as a former asset protection specialist at a Target store in Wisconsin,
improperly kept the Target AP Directives upon termination .
14. On Sunday, July 2, 2006, Hundt also posted the Target AP Directives on the
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 3 of 29

4
15 . On or around July 10, Target learned of Hundt's improper disclosure to
Defendant and the Internet. Shortly thereafter, Target contacted Hundt by telephone Hundt
returned Target's telephone call and acknowledged his wrongdoing . Hundt immediately
deleted all references to the Target AP Directives from his hard drive and from the Internet .
16 . Target also demanded that Hundt contact Defendant and request that
Defendant destroy the Target AP Directives, delete any Internet postings of the Target AP
Directives posted by him, and never use them again . Hundt stated that he did not know
Defendant's name or address, and did not personally know him, but had his email address .
Hundt emailed Defendant and requested him to remove the postings, but Defendant failed to
respond.
17. Hundt also provided Target with the email address that Hundt had for
Defendant Target emailed Hundt a cease and desist letter at that address, but received no
response .
18 Instead of abiding by Target and Hundt's demands to remove the Target AP
Directives, Defendant began posting the Target AP Directives on various retail-employee
forums on the Internet, including the following locations :
http //targetsucks elevation24 coin
http //tivwtiv. targeiuniora org
http 11bullseyebb .aivardspace coin
http ://targetstoressuck blogspot corn
http //wwtiv retail-worker corn
http .//people tribe net
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 4 of 29

5
19. Beginning on or around July 12, 2006, Target, through its counsel, sent
demand letters to the moderators and administrators of the websites that posted Target AP
Directives. Target advised them that Defendant, under the alias "Target Sucks," was posting
improperly Target copyrighted, confidential, proprietary, and trade secret information . (A
copy of a sample letter sent to the moderators/administrators is attached as Ex . A )
20. In conjunction with writing to the moderators and/or administrators, Target
also attempted to contact Defendant directly by sending private messages to Defendant
through the forums . (A copy of two sample emails sent to Defendant are attached as Ex . B.)
21 In response to Target's demand letters, the administrators and/or moderators
removed the Target AP Directives from their websrtes .
22. Defendant, however, did not respond to Target's email messages . Instead,
Defendant re-posted the Target AP Directives as soon as the moderator and/or administrator
removed them from the website. Target re-contacted the moderators and/or adrrunistrators,
and the information was again deleted . Indeed, at least one of the websites -
http //targetstoressuck blogspot.com - terminated Defendant's blog .
23 . On July 27, 2006, the moderator of -www .retail-worker coin posted Target's
cease and desist letter on its website and explained why she deleted Defendant's posting of
the Target AP Directives . An exchange between Defendant and the moderator ensued,
whereby Defendant admitted that he was posting the Target AP Directives for no reason
other than to harm Target . (A copy of the email exchange is attached as Ex C .)
24. Since July 27, 2006, Defendant continues to re-post (or attempt to re-post) the
Target AP Directives on the Internet At websites where his blog was inactivated, he has
changed his username in order to be able to re-post the Target AP Directives
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 5 of 29

6
25 . Defendant's actions are a complete and intentional disregard of Target's
property rights . Since July 27, 2006, Defendant had posted on numerous websites that
"Target's lawyers are monitoring this website ." In response to Target's cease and desist
letter, Defendant states on the Internet that he does not care whether the Target AP Directives
are copyrighted or trade secrets :
As to whether or not said info is in some form `protected', I have no idea and
don't care I saw it both online already posted and via email and if someone at
T let the cat out of the bag then that is between T and them . I didn't sign any
confidentiality agreement with them and really don't give a rats ass if they like
it or not .
(A copy of the posting is attached hereto as Ex . D )
26. Defendant has never responded to Target's demands for Defendant to cease
and desist posting the Target AP Directives .
27 . Through various investigative techniques employed by Target over the last
few weeks, Target believes that Defendant uses America On-Line as his Internet Service
Provider Target believes that information obtained in discovery will lead to the verification
of Defendant's true name and address
C OUNT I
Infringement of Copyrights
28 Target realleges and incorporates by reference herein the foregoing allegations
of the Complaint .
29 Target is, and at all relevant times has been, the copyright owners of exclusive
rights under United States copyright law with respect to certain copyrighted Target AP
Directives .
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 6 of 29

7
30 . The Target AP Directives are subject to a valid Certificate of Copyright
Registration issued by the Registrar of Copyrights to Target as specified on Exhibit E
31 . Among the exclusive rights granted to Target under the Copyright Act are the
exclusive rights to reproduce the Target AP Directives and to distribute the Target AP
Directives
32 . Defendant, without the permission or consent of Target, has used, and
continues to use, the Internet, to disserrvnate and/or make available for distribution to others,
the Target AP Directives .
33 . Defendant's dissemination of the Target AP Directives is deliberate, willful,
malicious, oppressive, and without regard to Target's proprietary rights
34 . As a result of Defendant's infringement of Target's copyrights and exclusive
rights under copyright, Target is entitled to statutory damages pursuant to 17 U S .C § 504(c)
against Defendant for each infringement by Defendant . Target is also entitled to its
attorneys' fees and costs pursuant to 17 U S C . § 505 .
35 Defendant's copyright infringement, and the threat of continuing infringement,
has caused, and will continue to cause, Target repeated and irreparable injury . It would be
difficult to ascertain the amount of money damages that would afford Target adequate relief
at law for Defendant's acts and continuing acts, and a multiplicity ofjudicial proceedings that
would be required Target's remedy at law is not adequate to compensate them for the
injuries already inflicted and further threatened by Defendant . Therefore, Defendant should
be restrained and enjoined pursuant to the Copyright Act, 17 U S .C. § § 502 and 503
COUNT II
Misappropriation of Trade Secrets
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 7 of 29

Court
36. Target realleges and incorporates by reference herein the foregoing allegations
of the Complaint.
37 Defendant acquired confidential and proprietary information belonging to
Target.
38 Defendant was advised that the information he acquired was Target trade
secret information that should not be used or disclosed by him .
39 After receiving notice of the confidentiality of the Target trade secret
information, Defendant had a duty to Target to maintain the secrecy of this information and
limit its use for the benefit of only Target .
40. This confidential and proprietary information had independent economic value
because it was not generally known to or readily ascertainable by persons outside of Target
41 Target intended to keep this information confidential and has made reasonable
efforts under the circumstances to maintain the secrecy of the information .
42. Defendant has used and/or disclosed, and continues to use and/or disclose,
such information without the express or implied consent of Target, for the benefit of himself .
Such use constitutes a violation of Ga Stat . § 10-1-760 et seq, and Georgia common law
principles against misappropriation of trade secrets
43 . As a direct and proximate cause of Defendant's misappropriation of trade
secrets, Target has been damaged in an amount greater than $75,000, the specific amount of
which shall be determined at trial In addition, Target has suffered irreparable harm and will
continue to suffer irreparable harm unless the conduct of the Defendant is enjoined by this
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 8 of 29

9
WHEREFORE , Plaintiff Target Corporation respectfully requests judgment against
Defendant as follows :
An injunction, among other things, prohibiting Defendant from disclosing and
using the Target AP Directives and requiring Defendant to delete all Internet postings created
by him of the Target AP Directives ;
2. Statutory damages for each infringement pursuant to 17 U .S.C § 504;
Recovery of Target's costs and attorneys' fees incurred herein ; and
4 Any further relief that the Court deems just and equitable .
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 9 of 29

1 0
DUNCAN & MANGIAFICO, PC :
Dated. September 1, 2006 ,.,
nnife C Adair (#001901)
uite 220
7000 Central Parkway
Atlanta, GA 30328
Telephone. (770)698-4560
Facsimile : (770)698-4565
FAEGRE & BENSON LLP :
s/Dara Mann
Dara Mann (#469065)
Suite 1900
3350 Riverwood Parkway
Atlanta, GA 30330
Telephone : (678) 627-8190
Facsitrule• (612) 766-1600
ATTORNEYS FOR PLAINTIFF
TARGET CORPORATION
Of Counsel
(upon admission pro hac vice)
James R. Steffen (MN #469065)
Kerry L. Bundy (MN #266917)
Faegre & Benson
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402
Telephone : (612) 766-7000
Facsimle : (612) 766-1600
M2 2 08193 8 3 0 4
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 10 of 29

KERRY L BUNDS
kbundy"4fargrc cum
(6121766 .821
'lien" VIA E-MAIL
Administrator of "Return of the Target Sucks" Website
VIA E-NL4[L
Dear "Jen"/Ms . Destree :
EXHIBIT A
FAEGRE
BEN_S1 ON
U \ I TFn ST47 F5 F NG LAND GERMANY C HINA
July 11, 2005
Jennifer Destree
Registrant of elevation24 .com
733 Hickory Avenue
Orangevale, CA 95662
Re. Improper Disclosure of Target's AP Directives on Website
We represent Target Corporation and Target Brands, Inc . (collectively, "Farget") in
connection with intellectual property matters and in connection with their ongoing efforts to
maintain the security and confidentiality of its proprietary information We are writing to you in
your capacity as Administrator and/or Registrant of the blog website
http //targetsucks elevation24 com to advise you that a post to the website contains Target
confidential, proprietary and trade secret information that has been improperly disclosed In
addition, the post wrongfully reproduces copyrighted material belonging to Target
[n case you were not aware, on July 2, 2006, user name "Target Sucks" posted to your
website Target's 2006 Asset Protection Directives . These directives include information which
is used in the conduct of Target's asset protection program and is not generally known to the
public or in the industry. Target goes to considerable measures to protect the secrecy of this
information As it appears from your posts that you are a current and,lor former Target
employee, you are most likely aware that under Target's policies and procedures, any Target
employee who is given access to the Asset Protection Directives is required strictly to maintain
the confidentiality of this information
As we hope you can appreciate, Target considers the improper disclosure of its 2006
Asset Protection Directives on the "targetsucks" website to be a very serious matter . Allowing
Target's confidential and proprietary security procedures to remain posted on the website
provides potential wrongdoers with a blueprint for circumventing Target's security procedures in
connection with shoplifting or other criminal activity This not only jeopardizes Target's
property, but also could jeopardize the safety of Target customers and employees
220 0 WE LLS FAR GO CE NTER 90 SOUTH SEVE NTH STREET N71 yINE 4P OL]S MINNESOTA SS4D2 39 0 1
TELEPH O NE 612 7ss - 7 0 0 o FACSIMILE 612 7 6 6-160 0 WWW FAEGRE CO M
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 11 of 29

M2 208102 34 01
Jennifer Destree
July 11, Zoos
Page 2
We note that the rules of your forum expressly state that "Me owners of Return of the
Target Sucks reserve the right to remove, edit, move or close any thread for any reason ." Under
the circumstances here, Target asks that you remove the July 2, 2006, and any other posting of
Target's 2006 Asset Protection Directives at your earliest possible convenience
In addition, to allow us to follow up directly with the individual who wrongfully posted
the 2006 Asset Protection Directives, we ask that you promptly supply us with contact
information for poster "Target Sucks "
Your anticipated cooperation is appreciated, and we look forward to receiving prompt
confirmation that you have removed the 2006 Asset Protection Directives from your site and to
your provision of contact information for the individual that posted the2006 Asset Protection
Directives.
Sincerely,
erry L Bundy
KLB/rew
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 12 of 29

EXHIBIT B
Bundy, Kerry L.
From, Bundy, Ke rry L
Sent : Monday, July 17, 2006 2 46 PM
To: 'annonymousemad2@aol com'
Subject: RE Improper Posting of Target 2006 AP Directives
Attachments : scan pdf
s can p df (78 KB)
Please review the attached letter . Thank you .
Kerry Bundy
Faegre & Benson
2200 Wells Fargo Center
90 S . 7th St .
Minneapolis, MN 55402
612-766-8217
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 13 of 29

VIA E-MAIL
Dear Sir/Madame-
TELEPHONE 672 -766-70 00 1 F A CSI MILE 612 - 7 5 F - 560 9 1 %tiWW FAEGR h l'OM1t
FAEGRE
BENSON
UNITED STATES ENGLAND GERMANY I C HIN A
July 17, 2006
Username "Targetsuc ks"
annonvmousemail2 u,ao l. corn
Re: Improper Disclosure of Target's AP Directives on Internet
K ERRY L.. BI11JD t
k burdyf.4faegrc com
(6 121 766-82 1
We represent Target Corporation and Target Brands, lnc (collect ively, "Target") in
connect ion with intellectu a l property matters and in connection wit h thei r ongoing efforts to
maintain the security and confidentiality of its proprietary information This l etter is to advise
you t hat certain postings made by you of t he Target 2006 Asset Protect i on Directives on the
websi t es http•//targetsucks.elevation24 eom, hitp://www targetunion.org,
hltp.//bullseyeb8 awardspace coin, and http //targetstoressuck blogspot.com contain Target
copyrighted, confidential, proprietary and trade secret information that has been improperly
disclosed.
As you know, the Target 2006 Asset Protection Directives include information which is
used in the conduct of Target's asset protection program and is not generally known to the
public or in the industry . These directives also include copyrighted material As we believe
you also know, Target goes to considerable measures to protect the secrecy of this
information Under Target's policies and procedures, any Target employee who is given access
to its Asset Protection Directives is required strictly to maintain the confidentiality of this
information Access to these directives are restricted to Target AP employees and under no
circumstances are they to be distributed to anyone outside of Target .
Target considers the improper disclosure of its 2006 Asset Protection Directives on the
Internet to be a very serious matter . Allowing Target's confidential and proprietary security
procedures to remain posted on the website provides potential wrongdoers with a blueprint for
circumventing Target's security procedures in connection with shoplifting or other criminal
activity. This not only jeopardizes Target's property, but also could jeopardize the safety of
Target employees and guests
It is our understanding that, although you were provided improperly with the Target 2006
Asset Protection Directives by a former Target employee, that person has requested that you
delete all postings made by you that contain the Target 2006 Asset Protection Directives We
hope and expect that upon review of the facts set forth in this letter, you will delete all such
2200 WEL LS FARGO CENTER I 9 0 SOUTH S EVFNTH S TRF FT I M17 INYCAPOLIS MINNESOTA S5a0 1-3 9 61
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 14 of 29

h12 20910 329 0 3
Targetsucks
July 17, 2006
Page 2
postings at your earliest convenience . Target also requests that you immediately destroy all
paper and electronic copies of the Target 2006 Asset Protection Directives in your possession .
Please provide us with prompt, written confirmation of your compliance with these requests no
later than noon on Tuesday, July 18, 2006 . If we do not receive timely confirmation from you,
we will assume that you do not intend to remove your wrongful posts, and we will proceed to
consider and take further appropriate action .
Your anticipated cooperation is appreciated .
Sincerely,
CJ
Kerry undy
KLB/rew
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 15 of 29

July 27, 2006
VIA E-MAIL
Dear Sir/Madame .
T F I F 11110N' F 612-7 6 5 7 000 HALS1%111 F 617 766 1600 %VW%Y F AI'C R F C UN7
COPY FAEGRE C OPY
BENSON
lLP
UNITED STATES I ENGLAND GERMANY ' CHINA
KERRY L B[,T1DY
kbundy i~ faegre coin
(6 12) X 65- 82 1 1
Username "Targetsucks"
Re: Improper Disclosure of Target's AP Directives on Internet
We represent Target Corporation and Target Brands, Inc. (collectively, "Target") in
connection with intellectual property matters and in connection with their ongoing efforts to
maintain the security and confidentiality of its proprietary information . This letter is to advise
you that certain postings made by you of the Target 2006 Asset Protection Directives on the
website http //Kww retail-worker coin contain Target copyrighted, confidential, proprietary and
trade secret information that has been improperly disclosed .
As you know, the Target 2006 Asset Protection Directives include information which is
used in the conduct of Target's asset protection program and is not generally known to the
public or in the industry These directives also include copyrighted material . As we believe
you also know, Target goes to considerable measures to protect the secrecy of this
information Under Target's policies and procedures, any Target employee who is given access
to its Asset Protection Directives is required strictly to maintain the confidentiality of this
information Access to these directives are restricted to Target AP employees and under no
circumstances are they to be distributed to anyone outside of Target
Target considers the improper disclosure of its 2006 Asset Protection Directives on the
Internet to be a very serious matter. Allowing Target's confidential and proprietary security
procedures to remain posted on the website provides potential wrongdoers with a blueprint for
circumventing Target's security procedures in connection with shoplifting or other criminal
activity This not only jeopardizes Target's property, but also could jeopardize the safety of
Target employees and guests.
We hope and expect that upon review of the facts set forth in this letter, you will delete
all such postings at your earliest convenience . Target also requests that you immediately destroy
all paper and electronic copies of the Target 2006 Asset Protection Directives in your possession .
Please provide us with prompt, written confirmation of your compliance with these requests no
later than noon on Tuesday, July 18, 2006 If we do not receive timely confirmation from you,
we will assume that you do not intend to remove your wrongful posts, and we will proceed to
consider and take further appropriate action
2 200 wbLtS FA UCO C F VT FK 90 SOUT H yF.v h `T H ST1tFF 7 t11 NtYrA P OL 1 5 M1uNVk SUTA SS ao 2-7 901
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 16 of 29

M2 20814344 01
Targetsucks
July 27, 2006
Page 2
Your anticipated cooperation is appreciated.
Sincerely,
Kerry L. Bundy
KLBlrew
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 17 of 29

WORKER
Search
Guess I'll hang out here then .
< Ever get a write up for "Saying the wrong thing" DC job prospects >
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sleK Says:
Thu,07/27/200 6
6 07pm
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Most Recently
Commented
Home » Forum * Specific Stores * Target Employee Forums Anyone Know Why
The Target Sucks Forum Is Down?
Anyone know why the target sucks forum is- down?
Submitted by backroompeon on Mon, 02/13/2006 - 1 14am.
I am sorry to see it gone . And I had been on there earlier tonight .
loin or register to post comments j f I11 I ~ I 0 I aY ILo Ile I
P5
Targetflowslave
Says:
Mon, 02/13/2006 -
5 2 4am
redandkhak i
Says:
Thu, 02/ 1 6/2006 -
11 23am
Thats what i want to know
login or register to post comments
backroompeon wrote :
I am sorry to see it gone . And I had been on
there earlier tonight .
Guess I'll hang out here then .
Who gives a flying f**k where it went. It's narrowminded
people are gone, at least for now, until they start making
trouble here or somewhere else . You know the ones, the die
hard fans of target. Targets cks was a corporate venture .
login or register to post mments
there seems t o be s ome delet in g of thi s info g oin g on
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 18 of 29

sle K Says:
Thu, 07/27/2006 -
11 .34pm
login or register to post comments
login or register to post comments
i0 MYYk ic-p!
nAaa m IC
Q -0 MY MSN
Technoratl
∎lDG PINCER
JIM B1oglLae a
i0 6-
0 MrFeeascer
Jim .aia 0)4
[p IInMF111
s1eK Says :
Fri, 07/28/2006 -
12-56am
More like : If they want to F . with their
customers then their customers may want to
pay them back if they get a chance .
(Cir[ui t C ity Fo rum)
i 76 rep lies
(la tes t repl ies )
Inte resting Empl oy ees
(Wa lg reens forum)
0 repl i es
(latest r eplies)
shopl i fting
(walgreens forum)
5 repl ies
( la te st repl i e s)
Great p ost from HD Forum
( Your favo urite type o f c
( Cowes Fo r um)
3 replies
( latest rep lies )
A ll fo rums
Who's online
T h ere are curre n tly 1 7 use rs
a nd 77 gue s t s on l ine
Online users
Haggi
happyone
Ruin-Nation
ODCST
zsh
Shrinky
BlindsGirl
moblus8
Robber Baron
drucco99
LazyOne
Hamster
rid
9W bh5X4Kfy
HDMN
urathug
yeraC1951
Read our feed
Target's lawyers are out and about issuing cease & desist
letters.
edit: More information - Our first Cease & Desist, courtesy
of Target
login or register to post comments
Target Sucks .. wrote:
I'm not bringing up p. 2 of Kerrys letter . My
machine or didn't it post?
Your machine, I suppose, as I can view it in its entirety and
I've heard no other complaints .
sleK Says: Assuming that you're the same "Target Sucks" that's been
rnu, 07/27/2006 - posting the AP Directives everywhere, could you explain the
11 51pm significance of them or explain why you appear rather hellbent
on keeping them in the public domain?
I don't understand either the relevance or the purpose and I
haven't been able to find a suitable explanation .
sleK Says :
Fn , 07/28/2006 -
12 33am
Ok, so it is just disclosure for the sake of disclosure .
Quote:
BTW : Thought you caved in ra ther quickly on
that .
Well, if there was some point to it I'd probably be willing to
help. But, as it appears that there's really no cause and
you're just stirring the pot to see the water go 'round,
there's no reason for me to get involved .
login or register to post comments
Quote :
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 19 of 29

login or register to post comme n ts
Fair enough, but surely you understand how unreasonable it
is to expect site ops', like myself, to support your apparent
grudge when faced with the costly prospect of litigation?
Quote:
It may have taken 3 yrs but Tarbutt is spending
some cash trying to put the genie back in the
internet bottle .
It's a beautiful thing . Once it's out there it's out there .
login or register to post comments
sleK Says :
Fri, 07/28/2006 -
6 52pm Quote:
I would only opine that it seems to say that
once info is published that is the end of
confidentiality .
That may be so but it doesn't dissolve liability.
IANAL, but it appears to me that an entity needs only to
establish the economic value of the information and
demonstrate "reasonable efforts to maintain the secrecy" of
the information before injunctive relief and damages can be
granted.
Quote:
Gee Slick, a 33 year old female ski bum ran
right over you I I I !
Is this addressed to me?
Look, I'm just trying to help as it's pretty clear that you
haven't the faintest clue about what you're getting yourself
into .
The simple fact is that you may end up in court, facing
whatever injunctive relief and damages that Target puts on
the table, should Target choose to pursue you . From
experience, I can tell you that it's not a fun place to be . But,
if you're intent on finding out for yourself, keep it up and
good luck.
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 20 of 29

Target's Lawyers are monitoring this web site!
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Forum topics
Posted by
Rockta ne
Put yourself in Target's place : one of your ex-employees has
posted on a website confidential proprietary information about
The Target Stores Employees' Web Site
Home » Forum N Workplace Issues » General Co nversation
Posted by Target Sucks - at 2006-07-28 08 : 38
This site is being monitored by the Faegre Benson law firm on behalf of Target Stores .
The screen name used is normally 'bunkl' and this person is Kerry L . Bundy of the law
firm of Faegre Benson 612 766 8217. kbundy@faegre .com .
He and his firm are monitoring this web site for anti Target activities .
FYI : http ://www.retail-worker.com/documents/20060727 .target cease_and_desist .pdf
and their web site is www .Faegre .com
pri nt er friendly page
Username :
Password :
Posted by This is horrible news . I hope this site does not give up your
jollyrancher information . Shameful of them to even ask . It's one thing to ask
Fn, 2006-07-28 to have your post removed, but I'm sure there is some sort of
11 :08 privacy act . A million scurges on Mr . Bundy and Faegre Benson
Law firm.
Fast answers
from union reps
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Posted by The link above refers to a different site, not this one, and the
Rocktane document in question is confidential proprietary information, not
Fri, 2006-07-28 anything to do with organizing or union activities . I'm sure they
12 :56 check this site also, as you would expect if there's a risk that a
disgruntled employee or ex-employee might be revealing
company secrets . I'm shocked that anyone would be surprised
by this .
l ogi n or reg is ter to po s t comment s
f Posted by I guess it doesn't surprise me that they monitor the site . But to
i jollyrancher sic their attorneys on someone. After my experience at Target
Fri, 2006-07-28 and seeing the Nazi behavior there, I hate everything about it .
13 :17 And any company that would work for them . Plague on them all
for supporting a company tha treats people so poorly .
login or reg iste r to post c omments
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 21 of 29

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j 13 :40
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the inside operations of a business you own, which, as one of
your employees, they signed an agreement not to reveal, and
which could cost your company millions of dollars . Y don't know
if such an offense would be legally prosecutable, but at would
certainly warrant pressure to stop it. I would expect you to pull
out all the stops . What is different about Target
Posted by I can see Target's side I guess, but then maybe they shouldn't
i jollyrancher treat people so poorly . I think they are a shitty company and
Fn, 2006-07-28 they and anyone that they retain, are one in the same, bastards .
i 15 :30 This lawfirm should be embarrassed to be associated with
Target.
jollyrancher wrote :
I can see Target's side !guess, but then maybe they
shouldn't treat people so poorly . I think they are a
shitty company and they and anyone that they
retain, are one in the same, bastards . This lawfirm
should be embarrassed to be associated with Target .
I agree that Target should not treat people badly . Nor should
any other company, in an ideal world . I am apparently lucky in
that I have not had your negative experience ; Target has
treated me pretty well . I've had a couple of GLs that required
me to use my diplomatic skills to get along with, and once or
twice I was denied a day off that I had requested, but otherwise,
I have no real complaints . I get chills when I think how I almost
got stuck working at a focal assembly plant when the Target DC
was having its job fair. That place would have been a nightmare
if they'd hired me ; just the few days I worked there as a temp
creeped me out for weeks . Thank god Target hired me ; there is
nothing they've thrown at me yet that I couldn't handle, or that
even approached some of the crap I've had to put up with at
other places . Obviously, it must be a lot different in your neck of
the woods .
~ Posted by I think it probably does have a lot to do with what part of the
jollyrancher country you are in . Certain people get into power and become
Fn, 2006-07-28 control freaks and make everyone miserable . And because of
16:06 that, sites like this form and people leak out sensitive info . V
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 22 of 29

Target Sucks -
Fri, 2006-07-28
17 :04
Firefox is a free, open
source web browser that's
way better than Internet
Explorer
login or register to post comments
i Posted by Duly noted on the gender of Kerry . I went off of the original
jollyrancher post . Even worse in my opinion for a woman to represent such a
i Fn, 2006-07-28 selfish company That is funny about trying to keep the genie in
17:18 the bottle. LOL
login o r re gi ster to p ost comments .
Posted by
Target Sucks -
XML is a way t o gather
we b s i te he adlines without
visi t in g the site You can
use a p rogr am like
F eed R eader o r a web
b rows e r like Fire Fo x
~^ GEi F I REFO X
Ci
jollyran icher wrote:
This is horrible news . I hope this site does not give
up your information . Shameful of them to even ask .
It's one thing to ask to have your post removed, but
I'm sure there is some sort of privacy act . A million
scurges on Mr . Bundy and Faegre Benson haw firm .
[b]
As pointed out by another poster the site threatened is the 2
retailworker .com sites ( & retail-worker.com) I also noted that
one site on which this was posted is now closed down with no
prior notice .
As far as I know it was posted on this site by another poster and
even prior to that it was emailed to me and it was put onto
several sites .
I believe that the OP here and the owner of the TS site closed
were both employees of T, but I don't know that for certain, well
1 I don't know for certain . I doubt that either of them are still T
employees .
As to whether or not said info is in some form 'protected', I have
no idea and don't care . I saw it both online already posted and
via email and if someone at T let the cat out of the bag then that
is between T and them . I didn't sign any confidentiality
agreement with them and really don't give a rats ass if they like
it or not .
My private opinion, and I am not an atty, is that once someone
else posted it online it was free for anyone to copy or repast . I
think there may be some sort of constitutional argument there
about 'free speach' or some such BS but I will leave it to more
smarter people than me to look into that .
All I can predict is that other nice people, like those reading this,
will probably copy it and repost it on other sites, so the people at
Faegre Benson will be quite busy trying to get the genie back
into the Internet bottle .
BTV1f : Kerry L. Bundy is a 'she' (W/F/33) not as initially identified
as a 'he' . Take a look at :
http ://www .Faegre.com/lawyer_bio .aspx7pid=7371
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 23 of 29

Not surprisingly, there are advantages and disadvantages to
using trade secret protection to secure different types of
business assets. Deciding whether to patent certain technology -
or keep it under wraps as a trade secret - is often a tough
strategic call . Usually, the decision rests on the type of
information that needs to be protected .
Most intellectual property owners find the indefinite time limit of
trade secret protection appealing, assuming that the information
can be maintained in confidence and not easily replicated in the
market. For example, say that the knowledge you wish to protect
is a manufacturing process . If you patent the process, you get
protection for about twenty years . Even though your competitors
know exactly what you're doing, they can't copy your process
when your patent expires, however, it's open season on that
technology .
By contrast, if you rely on trade secret protection to secure your
process, your protection lasts forever, as long as the process
Fri, 2006-07-28 jollyrancher wrote :
17 :27
Duly noted on the gender of Kerry . I went off of the
original post . Even worse in my opinion for a woman
to represent such a selfish company . That is funny
about trying to keep the genie in the bott le. LOL
Here is a longish brief on info confidentiality . A casual reading by
me seems to suggest that once info is published it looses its
confidential trade secret status . Take a read and inform yourself
on the issue :
An Ove rview of Trade Secret Pro tection
Can you keep a secret?
That's the challenge for intellectual property owners who rely on
trade secret protection to secure their sensitive business assets .
Unlike patents, most copyrighted works, and trademarks - which
must be publicly disclosed in order to seek recourse from
competitors who want to stea l them -- trade secrets have legal
value only to the extent that they stay secret .
File a patent on a new chemical or drug, and you can enjoy
exclusive legal rights for about 20 years (often less in practical
market terms) . As long as you keep trade secrets away from
prying eyes, however, they last forever . The trade-off Once
they're out, they're gone . A no-longer-secret trade secret enjoys
essentially no legal protection under trade secret laws .
Just about anything can qualify as a trade secret - formulae,
computer programs, business methods, database information,
customer lists - basically, any knowledge that has economic
value because people such as competitors don't know about it
and could profit from it if they did . It doesn't necessarily have to
be new, different, or unique, as you would expect from patented
material and/or even fixed in a tangible form, as with
copyrighted works . As long as the information has value because
no one else knows about it - and you take reasonable efforts to
avoid disclosure - it can qualify as a trade secret .
Pros a nd Cons
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 24 of 29

Protecting Your Trade Secrets
How do you take reasonable efforts to protect your trade
secrets Here are a few key stepsremains
secret. However, if a competitor is able to replicate the
process (without stealing your information), such as through
reverse engineering, they're free to do so at a ny time, and there
is usually little or nothing you can do about it . So the question
your business faces is : how vulnerable is your knowledge to
being replicated or discovered by others The answer will shape
the kind of IP protection you're likely to seek .
Misappropriation
Unlike patents and copyrights that are governed by federal law,
trade secret protection derives primarily from state law . The
origins of trade secret doctrine date all the way back to a
Massachusetts Supreme Judicial Court decision in 1868, and
while numerous courts (including federal courts) have weighed
in on specific aspects of trade secret law ever since, no federal
civil legislation has ever tackled trade secrets directly . Instead,
trade secret laws have been enacted on a state-by-state basis .
Minnesota was the first state to adopt the Uniform Trade Secret
Act (UTSA) in 1980, and more than forty other states have since
followed suit . The UTSA was adopted in the wake of an
increasing reliance by businesses on trade secret protection and
a desire to codify common law trade secret principles .
Distilled to its essence, under the UTSA and most state
interpretations, the existence of a trade secret is established
using a two-fold test . First, you must have knowledge or
information that derives independent economic value from not
being generally known or readily ascertainable . Second, you
must have taken reasonable efforts to maintain the secrecy of
the knowledge or information . In that circumstance, the llTSA
provides protection by prohibiting the "misappropriation" of
trade secrets and providing various remedies, including
injunctive relief and damages .
"Misappropriation" covers both obtaining trade secrets through
improper means and disclosing or using them without consent .
The UTSA also casts a broad net to include not only actual
misappropriation (where the theft or disclosure has actually
occurred), but also "threatened" misappropriation (which some
courts have held to include events such as a key employee
bolting to a competitor and putting a trade secret at serious risk
of disclosure) .
What kinds of actions or circumstances create the greatest risk
for trade secret owners Consider the following :
One of your employees or independent contractors who has
knowledge of your trade secrets leaves to join one of your
competitors
One of your suppliers or distributors also works for a key
competitor
One of your licensees, customers, business partners, or
employees decides to start a competing business
You disclose your confidential information to a prospective
business partner, and the deal fails through
This is not an exhaustive list, just a sample of the many ways in
which day-to-day business dealings put your trade secrets at
risk of misappropriation
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 25 of 29

Extend the security procedures to computer systems . Obviously,
trade secrets stored in electronic format are particularly
susceptible to theft . The entire subject of information systems
security may warrant a thorough review by the organization, to
minimize the possibility of external "hacking" or internal security
breaches. The same care regarding access and labeling that is
extended to physical space or documentation, should extend to
computer systems where trade secrets are stored .
Be mindful of third parties . If business associates, prospective
customers, or members of the public have access to facilities in
which trade secrets are stored or used, take particular care to
avoid inadvertent disclosure . This might include accidents
(where documents are left carelessly in open view) or even
deliberate but unintentional disclosures (such as tour guides or
other employees who inform visitors about the project or
process within the facility) .
Screen speeches and publications where appropriate . Trade
secrets often wind up being disclosed unintentionally at trade
shows or in magazine articles, publications, press releases, or
speeches . Engineers, marketing executives, mid-level managers,
and others may exchange ideas with colleagues or share
information publicly because they are unaware of its sensitivity .
Put it in writing . Consider keeping a written statement of your
trade secret security policy . This provides two advantages . Fir st,
" unwritten rules" may wind up being laxly or inconsistently
enforced within the organization . Second, documented trade
secret pol icies provide evidence in court of the seriousness of
the company 's efforts to protect its secrets .
Let your employees know . A proper trade secret protection plan
should make employees aware of the confidentiality of certain
information and, where appropriate, periodically remind them of
thei r obligations to keep that information secure . This would
include hav ing employees counter-sign wr itten confidentiali ty
agreements. In addition, companies should consider conducting
"exit interviews " with departing employees that i nclude a written
reminder of their ongoing responsibility to keep trade secret
information secure .
Restrict access . "Sorry, that information is on a need-to-know
basis." Where appropriate, keep trade secret information
physically separate from nonproprietary information, and restrict
access only to those who genuinely require it . Depending on the
nature of the intellectual property, this segregation may be as
simple as keeping information in a separate filing cabinet, or it
may necessitate building an entirely separate and secure facility .
Implement physical security. Consider providing additional
security for the information through locked doors, gates, and
cabinets. Again, the level of physical security will vary depending
on the nature of the information and how the information is used
in the business operations .
Consider labeling trade secret documentation . It can be very
easy to reproduce, scan, and distribute documents today . Not
only should documentation related to trade secret information be
treated with special care, but in appropriate circumstances, it
may be prudent to label trade secret documents as "SECRET" or
"CONFIDENTIAL ." A company may also want to educate its
employees who have access to such documents about their
status, including the sensitivity of and destruction of trade secret
documents .
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 26 of 29

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One tool for reducing this risk is implementing a policy of prescreening
all public communications .
Protect yourself with contracts . The nature of many businesses
may require a company to disclose its trade secrets to potential
buyers, licensees, joint venture partners, or other outsiders .
When engaging in these kinds of third-party transactions,
consider monitoring the flow of information carefully and
documenting the nature of the trade secrets exposed and the
specific limited use to which they may be put . This may include
specific confidentiality agreements with the third parties.
When properly identified and secured, trade secrets can often be
the most powerful of the various forms of intellectual property
protection, given the indefinite lifespan they can offer . Trade
secret owners can also obtain swift and dramatic relief in court if
they act quickly and have taken care along the way to document
and follow their trade secret protection plan . But trade secrets
are, by their very nature, fragile . A secret only has value to the
extent you can keep it a secret .
And in case you wondered who wrote this it is our pal Ms . Kerry
L Bundy the 33 yr old ski bunny from Mn .
Case 1:06-cv-02116-CC Document 1-1 Filed 09/05/2006 Page 27 of 29