Tag Archives: trade secret

First DTSA Verdict was for a Recipe Misappropriated by a Contract Manufacturer

Almost a year ago, the federal Defend Trade Secrets Act ( DTSA) was adopted to strengthen protection for businesses whose proprietary data and information is misappropriated despite its affirmative efforts to protect it. Note that last part:  in order to … Continue reading

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Can recipes be patented?

You’ve heard it before: “We make the best!” Be it barbecue sauce or brownies, it seems like everyone claims to have a unique and special food recipe. But can the culinary geniuses who came up with those recipes obtain a … Continue reading

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Customer Lists – Are They Trade Secrets?

Many confidentiality agreements will contain language about customer lists being confidential information. Others will contain broad language about everything under the sun being proprietary trade secrets. A simple list of companies and addresses is not very likely to be protected … Continue reading

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Tommy Lee in a Motley Mess

A trade secret misappropriation lawsuit was filed against rock star drummer Tommy Lee and his band Motley Crue. Howard King claims that in 1991 he developed an idea and concept for a “Tommy Lee Loop Coaster,” a platform on wheels … Continue reading

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Pizza Franchise Sues Former Franchisee Over Trade Secret

After 20 years of operating a Little Caesars franchise, Sioux Falls Pizza Company, Inc. (“SFPC”) established its own pizza company at the same location. The franchise agreement had terminated, but the franchise alleged the former franchisee was using its proprietary … 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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The rise of 3D-pringting as intellectual property

The technology of 3D-printing has made great progress, and the laws affecting this industry are catching up. A 3D-printer is a machine that builds objects, by adding (printing) very tiny layers of material on top of each other to create … Continue reading

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Customer Lists Part 3: Active Policing and Enforcement

No one likes to think Big Brother is watching, but active policing and enforcement of data security measures will have a deferent effect. It is critical to monitor employee access to secure company databases and limit access to important data … 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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