Leydig, Voit & Mayer, LTD. Intellectual Property Law

Trade Secrets and Unfair Competition

Trade secret litigation always involves high stakes. A company’s secrets, such as its customer lists, marketing plans, industrial processes, or formulas, are often among its most valuable assets. When trade secret misappropriation is threatened, companies can rely on Leydig, Voit & Mayer’s experienced attorneys to help them quickly seek judicial relief on an emergency basis. Conversely, when companies are threatened with trade secret claims, they can turn to our attorneys for assistance in formulating effective defensive strategies.

Vital to any assertion of trade secret misappropriation is the ability to prove that reasonable measures were taken to protect the confidentiality of the material. Our attorneys have specialized knowledge in this area, and can provide valuable guidance as to the specific steps companies can take to protect their trade secrets.

Clients with new ideas or inventions often seek manufacturers, licensees, or buyers to help them reduce the inventions to practice. Our attorneys aid clients in devising safeguards, agreements, and strategies for limited disclosures to these types of third parties, so that such communications do not result in the inadvertent loss of trade secret status.

While trade secret misappropriation is one type of “unfair competition,” the law recognizes many other claims that can be asserted against bad acts that adversely affect business. For example, unfair competition claims can be asserted against parties that pass off their goods as those of another, make false or misleading advertising claims, use confusingly similar packaging, or wrongly interfere with existing or prospective business relationships. These types of unfair competition claims typically arise ancillary to claims of trade secret misappropriation or intellectual property infringement. As such, our attorneys have a great deal of experience litigating unfair competition claims and can provide excellent representation.