An anonymous reader quotes Motherboard’s post: The McDonald’s McFlurry is a tasty treat that people struggle to find because the machine keeps breaking down. Thanks to a third-party device made by an independent company called Kytch, the machines can be easier to maintain and less likely to break down. Taylor, the company that makes the McFlurry machine, has been embroiled in a long-running legal dispute over whether Taylor can prevent Kytch devices from being used on the machines. Kytch has just won a major victory in this long-running legal battle.
Before Kytch, Taylor had a monopoly on repairing the McFlurry machine. If the item broke or wasn’t cleaned, the machine would shut down and only a certified Taylor technician could restart it. This is why it can be so hard to find McFlurries: the machines often break down and you have to send a technician to get them running again. Kitsch invented a device that allows McDonald’s franchise owners to make basic repairs to machines and get them running again. Taylor didn’t like it and, according to the lawsuit filed by Kytch, began telling his franchise partners that Kytch’s devices could cause “serious human injury.”
In July 2021, Kytch filed for an injunction against Taylor, alleging that the company had stolen Kytch’s trade secrets. Taylor began selling a device similar to Kytch’s device, and Kytch claimed that Taylor had stolen one of their devices and was building it. Taylor dismissed the allegations and the lawsuit by filing a so-called waiver, a formalized objection to Kitsch’s request for a restraining order. In a court document filed on August 26, 2022, a judge granted a restraining order against Kitsch. In its initial filing, Kytch alleged that Taylor made 10 different claims, including that she falsely advertised her product and engaged in unfair competition. The judge agreed with Kitsch on seven of those counts. “The court will sustain Taylor’s demurrer to the second (tortious interference), sixth (intentional interference with business expectation), and seventh (negligent interference with business expectation) causes of action,” the statement said. “The court rejects Taylor’s other arguments and overrules its objection on these grounds.”
