Uniform Trade Secrets Act

In the states of Virginia and New York, trades secrets consist of, “of a formula, process, device, or compilation which one uses in his business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it.” Trade secrets are typically protected by nondisclosure agreements. For example, Virginia is one of several states that have adopted the Uniform Trade Secrets Act; however, New York has not yet adopted the Uniform Trade Secrets Act The damages for theft of intellectual property in New York and Virginia are similar regarding the plaintiff for economic harm causing violation of a trade secret; however, when the law in New York pertains to penal damages, they are offered under exceptional conditions. An order may require the future use upon payment of a reasonable fee for no longer than the period of time for which use could have been forbidden. Whereas in Virginia, if the court concludes that the perpetrator acted maliciously or willfully, it may grant the plaintiff punitive damages doubled the amount its actual compensations. Also, attorney fees would also be awarded in outrageous situations (willingly or maliciously) or it the plaintiff acted in bad faith when filing the lawsuit. Also, certain federal rules can apply in New York and Virginia with the help of The Economic Espionage Act of 1996; which, makes the theft of trade secrets a federal crime. The penalties for the…

against Greene’s Jewelry by providing evidences supporting Ms. Lawson confidentiality agreement violation. Providing the company’s top competitor, Howell Jewelry World, the secret development process of Ever-Gold is unlawful and puts the company’s competitive advantage at risk. This is a technique licensed by the company and is significantly critical to the company’s continuous…

• Evidence that proves that Jennifer Lawson breached the confidentiality agreement. • Is there any documents that can prove the downsizing decision was made prior to the Jennifer Lawson meeting with the human resource representative? • How many employees held the same position and were they also terminated at the same time? These additional facts can help the company to determine if they can build a strong case against Jennifer Lawson. Having documents of downsizing and other employees affected…

to a click-through license provision forbidding such activates. The license informed users that the program contained confidential trade secret and forbade reverse engineering of the program, however, Johansen, successfully obtained the CSS code and wrote a program called DeCSS that allowed individuals to decrypt the CSS source code that is embedded in the DVD thus allowing them to play and copy movies in an unencrypted format. October 1999, Johansen posted DeCSS on a website, that later…

actions; a behavior which ultimately causes a disruption in the whole process in which Greene 's Jewelry was operating their business. By offering confidential information not only did she allow Greene 's Jewelry largest competitor Howell Jewelry to have possession of the detailed process to create Ever-gold, but she committed a criminal offense. The state of New Hampshire has set in place laws to protect both private and public entities from misappropriation of trade secrets; these are laws…

coordinated orchestrated one of the greatest dynasties in league history. On the field they made opponents look uncoordinated and slow. They always seemed to be a step ahead of the rest of the NFL. Incorporating a west coast style and hard nosed persona to wreck havoc on others. Thier personal moves baffled other GM’s, no one quite understood how a team full of cast offs could dominate so easily. The genius most assumed to be true was just a facade. Their dominance was was based on unethical and…

As we all know a successful company has its tactics and strategies to progress in any field, but what is known to the public isn’t always the full recipe on how to succeed just like them. This is where trade secrets and confidential information come into play for any company or organization. Trade secrets include formulas, strategies, lists of contacts, programs, or processes utilized that are kept between their rightful owners and some employees. Like any other secret, confidential information…

Intellectual Property Practice Exam Trade Secret I. Introduction Pepper Ranch (PR) can pursue a trade secret claim against Nabonko. In order to satisfy a trade secret claim, a plaintiff must be able to show: (1) the subject matter qualifies for trade secret protection, (2) it took reasonable precautions to protect the trade secret, and (3) the defendant acquired the information by improper. PR can show these elements. II. Subject Matter Under the UTSA, a trade secret “means information,…

Lawson for breach of confidentiality and disclosure of trade secrets to one of its competitors, Howell Jewelry World. Ms. Lawson had signed a confidentiality agreement but not a non-compete agreement. At the time of accepting employment, Ms. Lawson was of able mind, of an age to enter a legal contract and had understanding of employment contingent upon her signing the confidentiality agreement. Her employment with Howell Jewelry World is not contested but the trade secrets that Ms. Lawson…

In 2002, there was an alleged leak of important information to a foreign intelligence service. Three people were apprehended in suspicion of leaking secret documents to Russian diplomats. Although Ericsson made the claim that no pertinent information was retrieved, the fallout of the situation suggest otherwise. Sweden expelled two Russian diplomats whom they considered to be directly linked to the espionage. Both Ericsson and the Swedish government are unwilling to disclose much further the…