Missouri Trade Secret Attorney
The Law Offices of Kevin J. Dolley, located in St. Louis, Missouri, represents businesses and individuals who are involved in a situation involving the taking of business trade secret information. The firm also represents those who are accused of violating the trade secret rights of others.
Federal law protects certain intellectual property rights (i.e. copyrights, trademarks, and patents) and Missouri also regulates trade secret rights of individuals and businesses. The Missouri Uniform Trade Secrets Act was adopted in 1995 and has become a significant addition to Missouri businesses protection of competitive and sensitive information.
Classifications of Trade Secrets
A trade secret is technical or nontechnical data (formulas, pattern, method, practice, technique, process, etc) that is a source of independent economic benefit, real or potential, that is not generally known by and cannot be easily discovered by legal means by a competitor or the general public. While certain practices are protected under the Missouri Uniform Trade Secrets Act, it is the responsibility of the employer to take several steps to protect the trade secret information to ensure its secrecy.
Trade secrets are determined by the facts surrounding the dispute at issue. An employer must consider how readily available the information is known to the general public or competitors in similar businesses. An employer must be sure to take the necessary steps to protect the information that is integral to your business and its success. The guidelines that are set up by the Missouri Uniform Trade Secrets Act, when followed, protect trade secrets and allow for enforcement of violations. As an employer, you have rights to protect the information that makes for business competitive and successful.
Trade Secret Violations
Trade secrets do not have to be the sole provider of economic success in order to be appropriately classified as trade secrets. Some common trade secret violations include:
- Customer contacts
- Product Specifications
- Material Compositions/Requirements
- Price Information
- Dimensions
- Advertising & Marketing Plans
- Recipes
Protections Afforded Businesses under the Missouri Uniform Trade Secrets Act
Injunctive relief for actual or potential misappropriation can come in several forms under the Missouri Uniform Trade Secrets Act. When sensitive business information has been compromised, actual or punitive damages serve as possible remedies. Missouri has made injunctive decisions based on the "head-start" rule in which a competing company must cease and desist all use of trade secret information until a point determined by the court and the plaintiff in which the defendant would be reasonably able to develop the information themselves.
The Missouri Uniform Trade Secrets Act cannot prohibit conduct for an indefinite amount of time as it is seen as unreasonable and unenforceable. A trade secret issue needs to be brought to the courts attention in the most immediate fashion possible. The longer a trade secret infringement occurs, the harder it is to obtain injunctive relief.
Consultation with a Missouri Trade Secrets Attorney
The Law Offices of Kevin J. Dolley works with Missouri businesses and individuals in trade secret litigation. Attorney Kevin J. Dolley is available at (314) 645-4100 to set up a confidential consultation to discuss a trade secret matter.