Defending Against Misappropriation of Trade Secrets

trade secrets u.s.

If you need assistance protecting trade secrets, please read on, then contact an experienced Missouri trade secret litigation lawyer to learn more about defending against misappropriation of trade secrets in the U.S.

What constitutes misappropriation of trade secrets in the U.S.?

Under U.S. law, “misappropriation” refers to the acquisition of a trade secret by someone who knows or has reason to know that the trade secret was acquired by improper means, i.e. theft, bribery, misrepresentation, breach or inducement of a breach of duty to maintain secrecy. It also includes the disclosure or use of a trade secret without consent by someone who used improper means to acquire knowledge of the trade secret. For example, when an ex-employee divulges company secrets to a business rival. To increase the likelihood that the courts will consider it a trade secret, your information should be:

  • Unknown outside of the particular business entity
  • Known only by employees and others involved in the business
  • Subject to reasonable measures to guard the secrecy of the information
  • Valuable
  • Difficult for others to properly acquire or independently duplicate

What are some examples of trade secrets in the U.S.?

Based on the above-listed criteria, trade secrets can include the following forms of information:

  • Customer lists
  • Sensitive marketing information
  • Unpatented inventions
  • Software
  • Formulas and recipes
  • Techniques
  • Processes
  • Other business information that provides a company with a business edge

For more information on trade secrets and how you can protect them, you should reach out to a skilled Missouri trademark attorney to discuss your next steps.

How can Fortman Spann help you?

Under United States law, a qualified legal professional can protect your trade secrets from misuse by a thief through a court order – i.e. an injunction. He or she can file an injunction whether the misappropriation is actual or threatened, in order to eliminate any commercial advantage that otherwise would be derived from the misappropriation. If the case warrants it, your lawyer will help condition future use of your trade secret upon payment of a reasonable royalty for as long as the use could have been prohibited.

Additionally, your lawyer will advise you as to the feasibility of seeking financial compensation that measures the actual loss attributed to the theft or the unjust enrichment acquired by the trade secret thief. It might even be possible for you to receive punitive damages up to twice the amount of any award. Let us fight to protect your business. Please give us a call today.

Contact Our Experienced Franchise Lawyer Today

The bottom line is that regardless of the franchise law matter you’re facing, your needs are best served with a dedicated franchise lawyer in your corner. Our goal is to help business owners in Missouri and across the United States reach their maximum potential, and you have our pledge to do the same for you as well. Contact Fortman Spann, LLC online today to schedule your initial consultation. We are here to help you in any way we can.

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