Experienced Houston Intellectual Property Attorney
A trade secret can be defined as any " formula, pattern, device or compilation of information" that gives a company an advantage over a competitor. Employee theft of trade secrets and misappropriation of protected ideas, products and processes is one of the leading areas of commercial litigation. In a free market system, businesses naturally work hard to protect their trade secrets, as former employees take their job skills and industry knowledge to a competitor. In a free will employment state like Texas, employees naturally believe they have the right to sell their labor, skills and experience to the company that will pay the highest, or enter business for themselves. Where is the line between the free market and misappropriation or theft of trade secrets and intellectual property?
Kerr, Hendershot & Cannon is recognized as one of the nation's leading intellectual property litigation firms. Our attorneys have extensive experience representing clients on both sides of the trade secret misappropriations issue. We have successfully represented many of the nation's most successful technical companies seeking to enforce confidentiality agreements and noncompete contracts against former employees who would sell their inside knowledge to competitors. We also represent individual employees who are prevented from working in their chosen industry because of an employment agreement that overreaches and violates their civil rights in a free market.
The Uniform Trade Secrets Act and Texas Trade Secrets Law
Most laws related to trade secrets and protection of intellectual property are governed by the Uniform Trade Secrets Act (UTSA) of 1979. Texas, like most states, looks to its own laws and case law in other states when litigating cases involving trademark and trade dress misappropriation. Knowing the full body of law on a state and national level requires extensive experience. The UTSA provides the scope of regulations on issues such as:
- What constitutes a trade secret
- Legally protecting and maintaining a trade secret
- Remedies for breach of trade secrets
- Trademark and trade dress infringement
Trade Secret Misappropriations Goes Beyond Case Law
In litigation involving trade secret misappropriation, the courts look beyond case law and look to ethical intent and behavior on the part of the defendant. If a party showed no clear intent to misuse another firm's trademark or trade dress for business purposes, the courts may award injunctive relief, ordering the perpetrator to stop future misappropriation, without awarding monetary damages. Kerr, Hendershot & Cannon have many years of experience in all areas of injunctive relief and punitive damages for plaintiffs and defendants in misappropriation cases.
Preventive Measures: Your trade secrets and intellectual property are your business lifeline. We also provide knowledgeable, sound legal advice about actions you can take to reduce trademark theft and avoid misappropriation by your competitors or other companies in the marketplace.
Our clients include many of the most successful corporate entities in the United States. If you are involved in a dispute involving theft or misappropriation of a trademark, talk to us about Texas trade secrets law and how our attorneys can help. Contact us to arrange an initial consultation with an experienced Houston intellectual property attorney.
