United States District Court, W.D. Wisconsin
ORDER FOR PRELIMINARY INJUNCTION AGAINST
D. PETERSON District Judge.
on the parties' written submissions, documentary
evidence, and the evidence presented at an evidentiary
hearing, the court concluded that Authenticom is entitled to
a preliminary injunction. Dkt. 172. As explained more fully
in the court's July 14, 2017 opinion and order, (1)
Authenticom has made the requisite showing of likelihood of
success on the merits of its antitrust claims; (2)
Authenticom will suffer irreparable harm if the court did not
grant preliminary relief; (3) the balance of hardships tips
in Authenticom's favor; and (4) the public interest is
not disserved by the entry of a preliminary injunction.
Accordingly, defendant the Reynolds and Reynolds Company is
preliminarily enjoined as provided in this order. Those
enjoined include defendant the Reynolds and Reynolds Company
and its officers, employees, agents, attorneys, and all those
acting in active concert or participation with them, which
the court will refer to collectively as Reynolds.
is preliminarily enjoined as follows:
Reynolds must not prevent Authenticom from using dealer login
credentials to provide data integration services for dealers
who, as of May 1, 2017, had authorized Authenticom to provide
data integration services. Reynolds must establish and
maintain login credentials for its DMS for Authenticom,
subject to the following conditions:
a. Authenticom may access only the parts of the Reynolds DMS
that an authorizing dealer itself is authorized to access.
b. Authenticom may access and extract only the data fields
that the dealer authorizes Authenticom to access and that are
reasonably necessary for Authenticom to provide the data
integration services that the dealer requests.
c. Authenticom's access to the Reynolds DMS is limited to
read-only data exporting.
d. This order does not prevent Reynolds from blocking
Authenticom's access to the Reynolds DMS that exceeds the
access authorized in this order.
order will be implemented through the following procedure:
a. Authenticom will request that each Reynolds dealer that
intends to use Authenticom for data integration services
during the pendency of this preliminary injunction sign a
dealer authorization form. The dealer authorization form will
authorize Reynolds to issue a single user ID to Authenticom
for each dealer, created specifically for Authenticom to
provide data integration services to that dealer and, in
turn, to the various software vendors that provide services
to that dealer.
b. The dealer authorization form must: be signed by an
individual authorized to bind the dealer and to authorize the
release of dealer data; identify the specific data fields
within the DMS that the dealer authorizes Authenticom to
access; agree that the Authenticom-specific credentials will
not be used by or shared with any person or entity other than
Authenticom; and acknowledge that the dealer will not attempt
to hold Reynolds responsible for misuse of the
Authenticom-specific credentials or the data acquired with
it. The dealer authorization form will also provide that the
dealer authorizes Reynolds to suspend security measures
directed specifically to blocking automated access for the
c. Reynolds must configure Authenticom's login
credentials within five business days of receiving a dealer
authorization form from Authenticom. If the volume of
requests for configuration of Authenticom's credentials
is such that Reynolds cannot reasonably meet the
five-business-day deadline, Reynolds shall notify Authenticom
and the parties shall work in good faith to determine a
d. Authenticom may not disclose its Reynolds credentials to
anyone other than its employees who need to know them.
Authenticom must adopt security measures to protect all user
credentials associated with the Reynolds DMS. Such measures
must include, but are not limited to, not transmitting
credentials by unencrypted email.
e. Once Reynolds issues a username and password to
Authenticom for a given dealer pursuant to this preliminary
injunction, Authenticom will use only that username and
password in providing data integration services for that
dealer, and Reynolds may disable or block any other ...