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Protecting intellectual property through trade secret litigation

On Behalf of | Jun 12, 2023 | Business & Commercial Litigation

Trade secrets are valuable assets that provide Massachusetts businesses with the competitive edge necessary for them to thrive. They encompass confidential and proprietary information, such as formulas, manufacturing processes, customer lists and marketing strategies. When someone misappropriates or unlawfully discloses trade secrets, litigation becomes a vital tool for protecting these valuable assets.

Trade secret litigation

Trade secret litigation refers to the legal action a company takes to enforce its rights when someone steals its trade secrets and misuses or discloses them without proper authorization. This type of litigation typically involves complex legal proceedings that aim to identify the unauthorized party, seek injunctions to prevent further disclosure or use of the trade secrets and seek damages for the harm caused.

The process

The first step in trade secret litigation is establishing that the information in question qualifies as a trade secret. To be considered a trade secret, the information must meet certain criteria, including being valuable, not generally known or readily ascertainable, and subject to reasonable efforts to maintain its secrecy. Once the prosecutor establishes the trade secret status, the next step is to prove that the misappropriation or unauthorized disclosure occurred.

The process involves gathering evidence, which may include documentation, witness testimonies and expert opinions, to demonstrate that the defendant unlawfully acquired, used or disclosed the trade secret. The plaintiff must show that the defendant had access to the trade secret and that they used or disclosed it without authorization, resulting in harm to the plaintiff’s business interests.

To protect their trade secrets and solve business disputes, companies should take a proactive approach to implementing measures, such as maintaining confidentiality agreements, limiting access to sensitive information on a need-to-know basis and implementing robust security measures. These measures not only strengthen a company’s position in potential trade secret litigation but also serve as deterrents to potential misappropriation.

Protecting a company’s intangible advantage

Trade secret litigation plays a crucial role in safeguarding a company’s intellectual property and competitive advantage. Without the protection of valuable company secrets, these organizations can suffer substantial losses. By pursuing trade secret litigation, companies can seek legal remedies, including injunctions and damages, to enforce their rights and maintain their competitive edge in the marketplace.

If you own a business, don’t let this type of theft go unchallenged. If you are the accused, remember that the plaintiff must prove their case in court.