HR software company SuccessFactors has scored a victory in its lawsuit
against rival Softscape in a case that now includes allegations that Softscape
created a phony company to secure secret information.
On Friday, March 28, a federal judge issued a preliminary injunction that,
among other things, bars Softscape from disseminating or “affirming the
purported truth or accuracy of” a PowerPoint presentation critical of
SuccessFactors.
And in court papers filed this month, SuccessFactors accused Softscape of “an
elaborate ruse” involving the creation of a fake customer, New Millenium Shoe.
In a statement Monday, March 31, SuccessFactors said evidence from its
investigation into the presentation “suggested that Softscape representatives
masqueraded as a prospective customer—New Millenium Shoe purportedly operating
out of Puerto Rico—in order to gain unauthorized access to SuccessFactors sales
materials and SuccessFactors’ password-protected sales demonstration site.”
SuccessFactors also said Softscape’s attorney stated in a hearing that
Softscape chief executive Dave Watkins is CEO of New Millenium Shoe.
Softscape on Wednesday, April 2, declined to provide answers to several
questions, including whether Dave Watkins is CEO of the shoe company.
But in
a statement, Softscape contested the idea that New Millenium Shoe is a
phony company.
“Big & Beautiful Shoe was actually a multi-million dollar
shoe company founded in approximately 1979, and became New Millenium Shoe Corp
in approximately 1987,” Softscape said in the statement. “…There is much more to
this story, and we welcome the opportunity to have all the facts revealed
through the legal process as we feel we will be vindicated."
In addition,
Softscape on Monday, March 31, issued a statement saying it appreciates that the
court granted a limited version of the preliminary injunction SuccessFactors had
requested.
San Mateo, California-based SuccessFactors filed its suit in early March in
U.S. District Court for the Northern District of California. The complaint
accuses Wayland, Massachusetts-based Softscape of false advertising, unfair
competition and other misdeeds associated with the anonymous circulation of the
43-page presentation. Softscape admits it wrote the document but says it was
meant for internal use only.
The legal tussle is between competitors in the fast-growing market for talent
management software. SuccessFactors and Softscape sell tools for such key HR
tasks as employee performance and compensation management.
Workforce Management saw a copy of the presentation. Titled “The Naked
Truth,” the document suggests that it may have been written by a former customer
or customers of SuccessFactors. It includes a SuccessFactors logo and what
appear to be screen shots of SuccessFactors software.
The Softscape presentation alleges a variety of failures and problems at
SuccessFactors, including customer attrition. It names many prominent
corporations, indicating they had trouble with SuccessFactors, left the vendor
or no longer serve as a reference customer. The document suggests that retail
giant Sears, for example, may no longer be a customer because it “pulled the
plug” on a SuccessFactors project.
In its complaint, SuccessFactors specifically rebuts many of the charges. It
says, for example, that Sears “remains an active and valued customer.”
A Sears spokeswoman declined to say whether Sears is a SuccessFactors
customer. She said Sears does not comment on its vendors.
The site, www.newmilleniumshoe.com, is a
rudimentary Web site with 35 photographs of shoes. The site says, “Please Call
Rafael at 787-767-1766 to order..” Calls to that number on Monday, March 31,
were met with sounds like those of a fax machine.
—Ed Frauenheim