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Authenticom, Inc. v. CDK Global, LLC

United States District Court, W.D. Wisconsin

July 28, 2017

AUTHENTICOM, INC., Plaintiff,
v.
CDK GLOBAL, LLC and THE REYNOLDS AND REYNOLDS COMPANY, Defendants.

          ORDER FOR PRELIMINARY INJUNCTION AGAINST CDK GLOBAL, LLC

          JAMES D. PETERSON District Judge.

         Based 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 CDK Global, LLC, is preliminarily enjoined as provided in this order. Those enjoined include defendant CDK Global, LLC, 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 CDK.

         CDK is preliminarily enjoined as follows:

         1. CDK 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, subject to the following conditions:

a. Authenticom may access only the parts of the CDK 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. Authenticom must destroy any other information that it incidentally extracts during any screen-scraping process.
c. Authenticom's access to the CDK DMS is generally limited to read-only data exporting. Notwithstanding this general limitation, Authenticom may use “write-back” functionality to provide data-cleansing services for those dealers for whom it was providing data-cleansing as of May 1, 2017.
d. This order does not prevent CDK from blocking Authenticom's access to the CDK DMS that exceeds the access authorized in this order.

         2. This order will be implemented through the following procedure:

a. Within five business days of entry of this order, Authenticom will provide to CDK a list of dealers (with sufficient information to uniquely identify each dealer) for whom Authenticom was providing data integration services using dealer-provided login credentials as of May 1, 2017, along with all usernames and passwords Authenticom uses at each dealer.
b. Within two business days of receipt of that list, CDK will cease blocking or disabling the identified dealer login credentials for 45 days. During the 45-day period, Authenticom will be able to access dealer data on CDK's DMS as provided in paragraph 1 of this order.
c. During that 45-day period, Authenticom will request that each CDK 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 CDK to issue a single username and password to Authenticom, created specifically for Authenticom to provide data integration services for that dealer.
d. 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 and accounts within the DMS that the dealer authorizes Authenticom to access; agree that the Authenticom-specific username and password 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 CDK responsible for misuse of the Authenticom-specific credentials or the data acquired with it.
e. Within two business days of receipt of a dealer authorization form, CDK will issue an Authenticom-specific username and password to Authenticom for its use in providing data integration services ...

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