Trade Secret Lawyer-Cybertriallawyer.com
We can spot a trade secret a mile away! Frankly, that is not true. What property is, and is not, a valuable trade secret is often difficult to determine. How important is it to you, or your competitor? Seems like your lawyer would have to really have a deep understanding of the Internet and online business to know that. As a trade secret lawyer, we help you protect and preserve your valuable trade secret assets by knowing what they are and helping you implement the proper practices with the proper contracts. And, if you are involved in a trade secret dispute and need a trade secret lawyer with Internet expertise, we have the insight and experience to negotiate a resolution or litigate.
Want to see our take on the most important Federal lawsuits dealing with the Internet and trade secrets filed last week? We monitor the country daily and offer our thoughts about each. Just read on down to the bottom of this page and find out what practices are leading to lawsuits!
Interested in the latest lawsuits filed? Visit Traverse Internet Law on Trade Secrets.
Trade Secret Lawyer-Experience
We are constantly asked to review trade secret disputes from a trade secret lawyer perspective. They fall into three categories.
- Your secrets have been stolen and they are valuable.
- Your secrets have been stolen and they are of no value.
- Your secrets have been stolen but we don’t know to what extent.
Yes, theft is rampant on the Internet. Programmers steal code. Web designers steal art work. Salesmen steal customer lists. Competitors steal business transaction data. Sometimes the thief is your long-standing employee who decides that he can make some money on the side selling an email mailing list or building some applications at home in his spare time using your company’s trade secret intellectual property. Consider some of the issues we have recently addressed:
- Employee left the company with a key piece of software that he claims to have built at home and loaned to the company.
- Executive started a competing company using many of the confidential and proprietary methodologies employed by his old company.
- Salesman took customer lists to his new employer, and the employer had no knowledge of it until a Federal Lawsuit was received.
- Hacker accessed the database of a competitor and destroyed customer lists.
- A search engine optimizer took proprietary methodology of a customer and attempted to resell it to the competing marketplace.
- Hacker accessed a sales person’s computer, took client and prospect lists, and all of his communications.
- Hacker accessed an executive’s email account and retrieved and distributed private information.
- Employee fed confidential memos to an extortion ring that published the memos and demanded money in return for not publishing more private and confidential proprietary information. Suit was filed.
- Former employee hacked into customer information databases and used the information to sell for our client’s primary competitor.
- A web company was unhappy with a programmer’s work and filed suit claiming he stole trade secrets from their network system after gaining unauthorized access.
Trade secret misappropriation is usually a product of either a breach of contract (employment or non-disclosure agreement) or unauthorized access (hacking). Even for a seasoned trade secret lawyer, the evidence is sometimes difficult to obtain and often requires that a trade secret lawyer have expert knowledge of the technologies involved. Talk to your attorney, and ask him to explain all about “web server log files” and “ip addresses”. Then give us a call and compare.
If you are seeking legal assistance from a trade secret lawyer,contact one of Cybertriallawyer.com’s expert trade secret lawyers by visiting our contact page or calling us directly at 866-936-7447 to schedule a phone consultation.
Trade Secret Lawyer Suit Summary
Set forth below is one of our summaries of a United States District Court federal lawsuit. If you are interested in reading about other lawsuits, in the order of most recent Federal Court filings first, you will find a link just below the case. Please understand that all facts, as well as references to the basis of the lawsuit, are our summarization of the allegations made by the party bringing the lawsuit. The facts may prove to be true or not true, and the plaintiff may or may not win the case. The bolded comments are Cybertriallawyer.com’s thoughts about the suit. Pay particular attention to the alleged conduct or practice that has resulted in the litigation. For a small business, litigation is expensive. As a trade secret lawyer firm, we are hired to file and defend suits nationwide, and we can also assist you in minimizing your risk in advance.
ROCKY BRANDS, INC., ET AL. v. GLEN A. BRATCHER, ET AL. SOUTHERN DISTRICT OF OHIO, EASTERN DIVISION 2:08-CV-107
Former employees love to compete against their former employers, and manufacturers not tied down to exclusivity agreements will often look to monetize your product line through third parties. In the online world of today, third parties ready to launch a new retail store are everywhere.
Plaintiffs manufacture and sell rugged outdoor, work and Western boots. According to Plaintiffs’ suit, Defendant Glen A. Bratcher is a former employee who later formed a competing company called Westwood Footwear and Accessories, LLC. Defendant owns and operates a website at www.roadwolfboots.com. According to Plaintiffs, Defendant Nantong Hong Yi Wang Shoes Co., Ltd. is a Chinese company that has handled much of Plaintiffs’ Western boot manufacturing since 2000 and, as such, was provided with certain trade secrets in order to properly undertake the manufacture of the high quality boots that customers had come to expect from Plaintiffs. Plaintiffs claim that Nantong Hong Yi Wang Shoes Co., Ltd. was required to maintain the confidentiality of Plaintiffs’ trade secrets as a condition of doing business with Plaintiffs but violated this requirement by doing business with Bratcher. Plaintiffs claim that Defendants are inappropriately using Plaintiffs’ technology, sizing, designs and leathers to manufacture and sell knock-offs.
Plaintiffs have filed suit in federal court in Ohio alleging that Defendants have “stolen” and misappropriated their trade secrets. Further, Plaintiffs claim that Defendants are infringing on their trademarks and trade dress with respect to three lines of Plaintiffs’ Western style boots, in violation of various federal and state trademark, contract and business laws. Plaintiffs, who state that Nantong Hong Yi Wang Shoes Co., Ltd. invested millions of dollars in Westwood Footwear and Accessories, LLC, further allege that Defendants’ conduct constitutes a pattern, scheme and conspiracy to defraud Plaintiffs in violation of the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) and state unfair competition laws. Plaintiffs’ suit seeks to prevent Defendants from manufacturing, marketing and selling the “knock-off” boots, compensatory damages, punitive damages, treble damages, pre- and post-judgment interest, and attorneys’ fees. Cybertriallawyer.com Cross-Reference Number 1021.
To see the latest court filings with Cybertriallawyer.com’s take on the cases? Visit the Cybertriallawyer.com Federal Court Report section dedicated to trade secret lawsuits: Trade Secret Misappropriation Case Notes. And, if you would like to browse trademark infringement, copyright infringement, and domain name lawsuits, and get a good idea of who is getting sued for what, you can go to the Cybertriallawyer.com Federal Court Report Portal.