Trade Secrets / Unfair Competition

Unlike patents, copyrights, and trademarks, trade secrets by definition are not public information and maintaining the secrecy of the secret provides an economic benefit to the holder. Accordingly, to protect that economic benefit, the holder typically will affirmatively protect the trade secret from public disclosure. In fact, to protect the trade secret under available statutory strategies, it is incumbent upon the holder to have secrecy policies and practices in place. We can assist and advise on various strategies. Trade secrets include but are not limited to proprietary devices, methods, processes, and practices. For example, recipes or methods of making a new material might be considered trade secrets, particularly if they cannot be reverse-engineered.

Unfair Competition is generally understood to be a wrong or deceptive business practice used to gain a competitive advantage. This may include the theft of trade secrets, trademark infringement, breach of a restrictive covenant such as a non-compete agreement, false representations of services or products, implied or express reverse passing off, and other deceptive practices.

We are knowledgeable about various remedies to enforce trade secrets and/or prevent or at least mitigate unfair competition, such as the Uniform Trade Secret Act, applicable Michigan law, the Economic Espionage Act, and the Lanham Act, for example. If you are confronted with or are charged with violations of covenants to keep secret, not to compete, or corporate espionage, please contact our office for a consultation to better understand your options.