Tying Arrangement and Client Poaching Alleged
According to the complaint, Comscore has since told customers that its data cannot be used with CinemaCloudWorks, creating a chilling effect that has directly harmed Atlas’s client relationships. This, the suit argues, constitutes an illegal tying arrangement, where Comscore conditions access to its data on the use of its proprietary software—an action Atlas claims is intended “to eliminate Atlas as a competitor.”
Atlas contends this has resulted in immediate and irreparable harm, including severe operational disruptions, financial strain, reputational damage, and the risk of breaching distribution service agreements for at least nine films in various stages of release.
Court Relief Sought
Atlas is seeking a preliminary injunction requiring Comscore to reinstate its access to box office data under the prior subscription rate of $12,000 annually while the lawsuit proceeds. It also seeks unspecified monetary damages, attorneys’ fees, prejudgment interest, and equitable relief to remedy what it calls a blatant abuse of Comscore’s market dominance.
In its most recent earnings report, Comscore disclosed first-quarter revenue of $85.7 million, underscoring the scale and reach of its operations in media measurement.
CinemaCloudWorks is represented by Jonathan G. Gabriel and David S. Mayes of Gabriel Law Group PC.
Counsel for Comscore had not yet appeared in court as of Monday, and neither party responded immediately to requests for comment.
