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Facing allegations from a major artificial turf manufacturer that it poached one of its executives and trade secrets, TenCate has struck back. The rival turf company claimed Tuesday that it has "no idea what information might be encompassed" by the allegedly stolen files, demanding the suit's dismissal.

  TenCate vs FieldTurf:  TenCate Moves to Dismiss

In a motion to dismiss, TenCate Americas, also known as Polyloom Corp., argued that FieldTurf USA's lawsuit lacks a plausible theory that TenCate acquired protected information when FieldTurf's vice president of sales switched companies. TenCate asserted that FieldTurf's claims were based on "vague business concepts" supposedly misappropriated, without alleging that TenCate has used the stolen data. "Both alone and in combination, FieldTurf's alleged trade secrets are too vague and too inclusive to be considered trade secrets," TenCate stated. "This failure alone requires dismissal of its [Defend Trade Secrets Act] claim against TenCate."

Allegations Against Olinger

FieldTurf's lawsuit, filed last month, accuses Martin Olinger—who spent over 15 years as its senior vice president of sales—of downloading dozens of restricted files before his resignation, violating his confidentiality agreement. According to the complaint, Olinger joined FieldTurf in 2008 and had access to sensitive data including customer lists, suppliers, warranty information, and operations protocols. In late March, Olinger notified FieldTurf of his impending resignation, but he had allegedly already downloaded confidential customer information onto a USB drive. Days after Olinger left FieldTurf, TenCate announced his appointment as president of its sports division. Notably, Olinger would report to Joe Fields, head of TenCate USA and former FieldTurf CEO.

TenCate vs FieldTurf: FieldTurf's Response

FieldTurf claims it sent demand letters through its attorneys to TenCate, which allegedly refused to act after initially promising to investigate the allegations. In this week's motion, TenCate argued that FieldTurf lacks sufficient pleadings to support its "threadbare allegation" that Olinger absconded with valuable data. FieldTurf has not shown any specific trade secrets or demonstrated what it stands to lose, according to TenCate. "FieldTurf does not even allege that it has lost any clients or sales to or because of TenCate; it only says that 'business from its clients' and 'valuable business opportunities' are among the harms that FieldTurf may suffer," TenCate stated. "The only link that FieldTurf identifies between its trade secrets and TenCate is that TenCate, through Olinger, has obtained and retains FieldTurf's trade secrets and that this retention may be harmful to FieldTurf in the future."

Tortious Interference Claim

FieldTurf also alleges that TenCate tortiously interfered with its contract with Olinger. However, TenCate contends that under Georgia law, it needs to be a complete "stranger" to the contract, which it was not. "Based on FieldTurf's own allegations, it is clear that FieldTurf, Olinger, and TenCate are all part of an 'interwoven contractual agreement,' and TenCate is not a stranger to the employment agreement or any of the business relationships underpinning the employment agreement," the company added.

TenCate vs FieldTurf: Legal Representation

FieldTurf is represented by Shaniqua L. Singleton and S. Wade Malone of Nelson Mullins Riley & Scarborough LLP, and John C.C. Sanders Jr., Alex Ingoglia, and D. Taylor Hinojosa of Winston & Strawn LLP. TenCate is represented by William C. Collins Jr., Graham H. Stieglitz, and Joseph H. Stuhrenberg of Burr & Forman LLP.