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Smith v. Spectrum Brands Inc.

Vague Trade Secret Theft Complaint 'Frivolous' But Amended Complaint Can Be Filed

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MEMORANDUM DECISION & ORDER

*1 Plaintiff’s Complaint alleges “the theft of Plaintiff’s product idea” and “theft of trade secret” in May 2006 by defendants. Plaintiff asserts that defendant “Remington Products Co. LLC engages in the development and marketing of personal care products” including electric shavers. He states that “[t]here were no discussions between Plaintiff and Defendants. Plaintiff did not consider Remington to develop Plaintiff’s product idea ‘the magic wand.’ Remington in the Plaintiff’s mind in 2006 were suppliers of electric shavers.” On an unspecified date, “Plaintiff purchased a Remington model CI-95AC2 in a local thrift store.” Thereafter, he asserts, he began to research Remington. He claims that “[i]f a connection is revealed between the Defendants and anyone connected to the Plaintiff, then the components might add up to RICO. At this point Plaintiff has a burden of proof to prove the Defendants erroneously acquired the Plaintiff’s product idea.” The Complaint does not describe plaintiff’s alleged “product idea,” assert the infringement of any registered patent or trademark, or allege any contractual relationship or other prior connection between plaintiff and defendants. Plaintiff further claims*2

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