GREATNURSES, LLC v. POCKET PREP INC. - Case No. 18-cv-3163 (E.D.N.Y. 2018)
As the world becomes more and more sophisticated and specialized, an increasing number of industries offer or require expensive certifications (and investments of time and money in preparation). As a result, there is a growing marketplace for test prep materials and other education supplements. A copyright suit filed last Wednesday on May 30, 2018 attests to this.
Education Enterprises (EE) is a business designed to help nurses prepare for the Critical Care Registered Nurse (CCRN) certification and Certified Emergency Nurse (CEN) certification exams. EE has created guidebooks and other test prep materials to help those preparing for these exams. These prep materials include practice questions and answers. EE's complaint alleges that in August 2017, EE discovered that another company, PocketPrep, was using a large number of these questions and answers in its app. Interestingly, because PocketPrep is formatted as an app, where not all questions are available simulaneously to a user, the similarilty in the questions was not immediately apparent or discoverable to EE.
In addition to any actual damages suffered by EE, the company is requesting all of PocketPrep's profits from its sales involving the allegedly stolen questions, or (if more than proven damages) the statutory damages available under the Copyright Act, and attorney's fees.