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Zvelo, Inc. v. Akamai Techs., Inc.

United States District Court for the District of Colorado

September 30, 2019, Decided; September 30, 2019, Filed

Civil Action No. 19-cv-00097-PAB-SKC



This matter is before the Court on Defendant Akamai Technologies, Inc.'s Motion to Dismiss [Docket No. 28]. The Court has jurisdiction under 28 U.S.C. §§ 1331 and 1367.


Plaintiff zvelo, Inc. is a technology company that offers a database of categorized website addresses, or Uniform Resource Locators ("URLs"), for purposes of domain name filtering, content filtering, parental controls, content categorization, and other purposes. Docket No. 1 at 3, ¶ 12. This type of technology allows companies to filter or block access to certain websites on the companies' computers. Id. at 2, ¶ 7. Because websites differ so widely, filtering websites based on form or content can be difficult. Id., ¶ 8. Thus, plaintiff's database assigns categories [*2]  to each unique URL, such as "news" or "malicious software," so that users can filter or block websites based on category. Id. at 2-3, ¶¶ 8-9. Plaintiff also compiles data about URLs that are actively visited to keep its database up-to-date on active and inactive websites. Id. at 3-4, ¶ 14. Plaintiff calls its knowledge of active websites the "zvelo Active Web," which, along with the categorizations of the URLs, make up plaintiff's database — the "zveloDB." Id. at 4, ¶ 15. Plaintiff contends its database is unique and valuable intellectual property that would be challenging for another company to recreate. Id. at 3-4, ¶ 14.

Defendant Akamai Technologies, Inc. is a company that offers products and services that provide URL filtering functionality. Id. at 8, ¶ 41. Plaintiff alleges that defendant's products and services that provide this URL filtering functionality utilize plaintiff's database and the proprietary information contained therein. Id. at 8-9, ¶¶ 42-43. This allegation is based upon "information made available to the public by [defendant] as well as security measures that [plaintiff] has incorporated" into its database. Id. at 8, ¶ 42.

Plaintiff filed this lawsuit on January 10, 2019, raising claims of (1) trade secret misappropriation under [*3]  the Defend Trade Secrets Act ("DTSA"), 18 U.S.C. § 1836 et seq., (2) trade secret misappropriation under the Colorado Uniform Trade Secrets Act ("CUTSA"), Colo. Rev. Stat. § 7-74-101, et seq., and (3) unjust enrichment. Docket No. 1 at 9-13. Plaintiff also seeks injunctive relief. Id. at 14. On February 8, 2019, defendant filed a motion to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Docket No. 28. Plaintiff filed a response, Docket No. 38, to which defendant replied. Docket No. 46.

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2019 U.S. Dist. LEXIS 168552 *; 2019 WL 4751809

ZVELO, INC., Plaintiff, v. AKAMAI TECHNOLOGIES, INC., Defendant.

Subsequent History: Motion granted by, in part, Motion denied by, in part Zvelo, Inc. v. Akamai Techs., Inc., 2019 U.S. Dist. LEXIS 187135 (D. Colo., Oct. 29, 2019)


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