Eightpoint sues former employees and BlazerBrowser over Wave Browser source code

The complaint

Eightpoint Technologies Ltd. SEZC and Eightpoint Interactive, Inc. v. BlazerBrowser.com, LLC; Broadburst Media, LLC; Nearset, LLC; Tucker Interactive, LLC; Benjamin Tucker; Ryan Horvath; and Bryan Johnson, No. 2:26-cv-02553-KCD-KRH (M.D. Fla., Fort Myers Division), is a 39-page complaint filed September 16, 2026, ECF No. 1. It describes Eightpoint Technologies, d/b/a Wavesor Software, as a Cayman Islands company that owns and operates Wave Browser, and Eightpoint Interactive, formerly Spigot, Inc., as a Nevada corporation based in Fort Myers that supports it. It alleges Horvath, the former chief technology officer, and Tucker, the former vice president and general manager responsible for Wave Browser, left in 2024, formed companies, and launched the competing Blazer Browser, and it describes Johnson as Blazer Browser's public spokesperson. The docket shows the case assigned to District Judge Kyle C. Dudek and Magistrate Judge Kevin R. Huguelet.

The copyright claim

Count III, by Eightpoint Technologies against all defendants, alleges that Wave Browser's code and related works were written by Eightpoint Interactive employees as works made for hire and are registered as TX-9-628-406, titled Wave Browser, which the Copyright Office public catalog lists with Eightpoint Technologies Ltd. SEZC as claimant. It alleges, on information and belief, that the defendants copied protectable elements of that code, including code written in part by Horvath and Tucker, into Blazer Browser, and, on information and belief, that the infringement was knowing and willful.

The other counts and relief

Counts I and II plead trade secret misappropriation under federal and Florida law. Count IV pleads common-law unfair competition. Count V pleads breach of contract against Horvath, Count VI breach of contract against Horvath and Tucker, and Count VII breach of the duty of loyalty against both. Eightpoint seeks permanent injunctive relief, including withdrawal of Blazer Browser from distribution to the extent it embodies the trade secrets and return or destruction of infringing code; compensatory damages; disgorgement and a constructive trust; a reasonable royalty; exemplary damages; enhanced and statutory damages under 17 U.S.C. § 504; and fees, costs, and interest.

On the docket

Disclosure statements were filed September 25, 2026. The docket shows an order on a motion for extension of time to answer entered October 8, and an order and a notice of hearing entered October 29, 2026.