Tag Archives: confidentiality agreement

Beware of Employee Agreements

  Many employees sign confidentiality and non-compete agreements when accepting a new job. While the stack of on-boarding paperwork for a new job seems routine, the obligations included in these non-compete agreements are anything but routine. Employees must carefully understand … Continue reading

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Trade secrets and trade dress investments can payoff

Magnolia Bakery opened its first store in Greenwich Village, New York over 15 years ago. It is known for its cupcakes. The bakery believes its cupcakes are distinguishable and highly valued because of their “unique, distinctive, and immediately recognizable look … Continue reading

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Customer Lists Part 2: How to Maintain Secrecy and Confidentiality

One of the primary reasons for using a restrictive covenant agreement is to protect a company’s confidential information and trade secrets. By implementing certain policies and procedures, a company can significantly enhance its chances of winning trade secret and/or confidentiality … Continue reading

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Customer Lists Part 1: Trade Secret or Not?

When determining whether customer lists qualify as a protectable trade secret, a court’s analysis will consider a number of factor: whether the list was compiled with substantial effort and expense, whether the customer identities are public or commonly known, and … Continue reading

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Stolen inventions: how to protect your invention from the Big Guy

Stolen inventions: how to protect your invention from the Big Guy There are always stories where the Big Box retailers misappropriate the innovative ideas of inventors. Inventors take a big risk when they take their products to retailers without good … Continue reading

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Shareholder derivative suits increasingly prevalent

Since 2000, members of corporate Boards of Directors are increasingly being sued in shareholder derivative suits for claims related to mismanagement of patent and other intellectual property assets. There is a new class of shareholder activists who police neglect of … Continue reading

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Using a non-compete and non-circumvention agreement as part of your IP protection strategy

Clients often come to me with the same scenario: they have a great idea for a new product or service, but to get the business plan together, they need to speak with vendors, customers, investors and others who may be … Continue reading

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Warning for companies about confidentiality agreements

Many companies, particularly in the manufacturing and investment industries, often receive unsolicited ideas. Perhaps your company has experienced this. The discloser assures you that he’s got a million-dollar idea, but he wants you to enter a confidentiality agreement before sharing … Continue reading

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Wisconsin trade secret case highlights importance of “formalities” in proprietary discussions

Fail-Safe, LLC v. A.O. Smith Corporation (decided by the Seventh Circuit Court of Appeals on March 29, 2012) is a reminder how important it is to get the formalities in place before you engage in discussions about your proprietary confidential … Continue reading

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