The Witness, Mr. Jorgenson: It could be.
77"D. Fruchtmann: You don't know who you meant in the conversation?
The Witness, Mr. Jorgenson: I guess yes.
77"D. Fruchtmann: You guess yes. And it's true that you talked to them 50 Contacts even after you've switched to"Kulamed"?
The Witness, Mr. Jorgenson: I don't remember anything like that.
77"D. Fruchtmann: You've spoken to some of those contacts?
The Witness, Mr. Jorgenson: It could be, I don't remember.
77"D. Fruchtmann: It is true that even during the month of April 2022 You didn't update Shachar, Eliran or Idan on the conflict of interest you are in?
The Witness, Mr. Jorgenson: I didn't talk to them about it.
(p. 70 p.)
- The defendants made use of information based on the plaintiff's customers and thus communicated with the plaintiff's clients shortly after the defendant began working for the defendant:
The witness, Mr. Oz: "Kolmind" was established in order to deal with gaming comparison sites specifically. That was her goal.
Adv. Fruchtman: That's right.
The witness, Mr. Oz: That's it, it started in 2020. We prepared infrastructure, we prepared things, you ask when was the launch that we bought traffic inUK?
Adv. Fruchtman: Yes.
The witness, Mr. Oz: So I guess in the regions of May, June, July, something like that, 2022.
Adv. Fruchtman: When Raz started working for you.
The witness, Mr. Oz: It turned out like this.
Adv. Fruchtman: It turned out like this. That's how it turned out.
(p. 89 p.)
- The defendant claimed that his connection with the gambling vertical dates back to the time he worked at Spinomal (paragraph 88 of the defendant's affidavit). The defendant's claim that he knew the customers from his previous work was not proven.
- From the correspondence between Eliran Uzan and the defendant dated August 25, 2022 (Appendix 16 to Eliran's affidavit), it is evident that the plaintiff's president was sincerely disappointed with the defendant:
- Only in August 2022 did the plaintiff learn that the defendant had moved to the defendant.
- Indeed, the plaintiff has competitors in the field that operate vertical gambling rating sites in England and Ireland in Israel, such as NMLS , Natural Intelligence (paragraphs 12-13 of Yogev Oz's affidavit), but the defendant was not a competitor of the plaintiff until the defendant entered it. The defendant did not have any activity in the field of gambling in England and Ireland until after the defendant started working for it. The defendant has become a competing company and there is no dispute that today it is a competing company (the defendants repeat this repeatedly in their summaries).
- The plaintiff attached documents attesting that the defendant contacted the contacts of the plaintiff's customers, who confirmed that the defendant contacted them, as detailed below.
Happy attached a correspondence with a contact person on behalf of the customer Gamesys dated January 15, 2023, who confirmed that the defendant contacted him and suggested that he enter into an affiliation agreement with the defendant and that he had been working with the defendant since August 2022 (Appendix 15 to the affidavit).