Tell Me No Secrets: SDNY Considers the Scope of Trade Secret Protection for Consumer-Facing Products
Intellectual property laws, including copyright, patent, trademark and trade secret laws, can provide avenues for companies to protect their intellectual property. But it's not always clear what assets are protectable and what are not.
September 18, 2023 at 12:00 PM
11 minute read
Move fast and break things. Innovate or die. Internet-age corporate speak tends to reserve its highest praise not just for technological innovation, but for "disruption"—the idea that there are fortunes to be made in applying new technologies to existing business models.
The other side of that coin is secrecy. In the so-called "innovation economy," an idea's value is closely linked to being the first to bring it to market. Uber has 20 times the market cap of Lyft, despite offering similar core services, in part from being first to market.
Unsurprisingly, then, many technology companies go to great lengths to protect the confidential information related to their businesses, often implementing elaborate technical protections, backed up by legal measures such as strict nondisclosure agreements (NDAs). Intellectual property laws, including copyright, patent, trademark and trade secret laws (in addition to traditional contract law) can provide avenues for companies to protect their IP. But it's not always clear what assets are protectable and what are not.
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