NOTICE OF CONFIDENTIALITY BREACH AND INTELLECTUAL PROPERTY INFRINGEMENT BY ASCENDANT SOLUTIONS LIMITED

This notice is issued by Destin Solutions Limited to inform the public, particularly the clients and partners of Ascendant Solutions Limited, of a serious breach of confidentiality and misuse of intellectual property by Ascendant Solutions Limited.

Background
Destin Solutions Limited and Ascendant Solutions Limited entered into a Confidentiality Agreement on 5 November 2016 to exchange and protect confidential and commercially sensitive information. Despite this agreement, it is Destin Solutions Limited’s belief and case that Ascendant Solutions Limited has misused Destin Solutions Limited’s confidential information and intellectual property rights related to Destin Solutions Limited’s ASPIRE service.

Details of the Breach
Ascendant Solutions Limited has developed and marketed a service named SYX, which replicates key features of Destin Solutions Limited’s ASPIRE service. The development and marketing of SYX have been enabled by the access Ascendant Solutions Limited had to the ASPIRE service and other ancillary information relating to the development and marketing of ASPIRE. This breach includes, but is not limited to:

1. Unauthorised Disclosure and Use: Ascendant Solutions Limited has unlawfully used Destin Solutions Limited’s confidential presentations, case studies, and technical details about the ASPIRE service without permission to develop and market SYX.
2. Commercial Gain: Ascendant Solutions Limited has made commercial gains from the confidential information disclosed by Destin Solutions Limited, in direct violation of the terms of the Confidentiality Agreement.

Consequences and Legal Actions
Destin Solutions Limited has issued a formal letter of claim to Ascendant Solutions Limited regarding this breach.  Ascendant Solutions Limited’s continued use of Destin Solutions Limited’s confidential information is unacceptable, and unless Ascendant Solutions Limited discontinues its SYX service, Destin Solutions Limited will take all necessary legal actions to protect its rights. This may include seeking an injunction, damages, and the destruction of all materials produced using the confidential information.

Public and Client Notice
Clients and partners of Ascendant Solutions Limited are hereby put on notice that:

1. Destin Solutions Limited considers that Ascendant Solutions Limited has unlawfully used Destin Solutions Limited’s confidential information to develop the SYX service.
2. Any engagement with the SYX service is likely to involve the unauthorised use of Destin Solutions Limited’s intellectual property.
3. Destin Solutions Limited will be pursuing all legal remedies to address this breach, which may affect the availability and legality of the SYX service.

We ask all stakeholders to take this information into account when considering contracting with Ascendant Solutions Limited for the supply and use of the SYX service,  and continuing to use the service.

For any further inquiries or legal discussions regarding this matter, please contact Destin Solutions Limited directly.

Contact Information
Destin Solutions Limited
Albert Edward House
The Pavilions
Preston
Lancashire
PR2 2YB