By James McNair
The Cincinnati Enquirer

In the dog-eat-dog business of selling gutter protectors in Greater Cincinnati, one dogfight has gone from the rooftop to a courtroom.

The case filed in Hamilton County Common Pleas Court pits Gutter Shutter of West Chester against a nearby rival, Gutter Genie. The hostilities began after Gutter Shutter's Cincinnati-area sales manager, Cliff Durbin, quit in January to form Gutter Genie and hired away six of Gutter Shutter's employees. Gutter Shutter wants a judge to stop Durbin from exploiting its trade secrets and customers.

"Durbin held a position of high authority, access and trust ... and had personal knowledge of (Gutter Shutter's) marketing and sales plans and strategies," wrote lawyer Lawrence Flemer in a request for an injunction against Gutter Genie. "He had continuous access to Gutter Shutter's profit margins and cost margins. He had access to (its) customer and prospect list."

Gutter Shutter, which calls itself an industry leader, with patents pending, stops short of accusing Gutter Genie of copying its gutter protectors and stealing its customers. For now, it wants the judge to order Durbin to honor a 12-month noncompete agreement - which Durbin never signed - and to refrain from using Gutter Shutter's financial, marketing and customer information.

Durbin referred questions to his lawyer, John Hust, who denied the allegations.

"In our judgment, the case is without merit," he said. "There are no trade secrets involved. They're not using anything that belongs to Gutter Shutter."

Hust said Gutter Genie makes gutter protectors of its own design. He said the company solicits business by direct mail, cold calls and door-to-door promotion.

"We don't need their customers," Hust said.

E-mail jmcnair@enquirer.com