Trademark registered to protect a company brand logo Trade Secrets Heinz

Trademark registered to protect a company brand logo

This preview shows page 18 - 21 out of 27 pages.

-Trademark: registered to protect a company brand (logo)Trade Secrets***Heinz ketchup recipe-Trade secrets: any type of knowledge that is not generally known and is not readily available through legal means, if the knowledge gives its owner a competitive advantageover rivals who do not have the knowledge-Can’t have both a trade secret and a patent case (forgo public disclosure protection in patent). Must choose one. The recipe for Coke is a trade secret.-Necessary elements of a misappropriation case-1. The information actually was a trade secret-2. The plaintiff has maintained reasonable measures to protect the secrecy-3. The defendant improperly acquired, used, or disclosed the trade secret informationWhat qualifies as a trade secret-Factors may include-The extent to which the information is or is not known outside the company
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-How easy or difficult it would be for someone else to independently develop the information or to acquire it properly-The value of the information to the company-The amount of time and money it took the company to create the information-How well the company has protected the informationMisappropriation-Illegally taking someone else’s trade secret-Two exceptions:-Independent development and-Reverse engineering (take something that's readily available to everyone and take it apart to recreate it)- soil example takes a bag and finds what's in it to make it yourself-Doctrine of inevitable disclosure: may prevent an employee who has left Company A from working for Company B if the employee’s new job duties will inevitably cause the employee to rely upon knowledge of the former employer’s trade secrets (only observed in some states)****Employment Contract Example: courts look at whether or not the non compete(not working for a competitor) is reasonable (2 most important are time and geography)- typically in the US 5 years and under is reasonable, but the less time means you can have more geography, more time means smaller geographic zone- it's a trade off!! Once you get past 5 years, pretty good chance the courts will say it is not reasonableTexas Statutory of limitations on breach of contract is 4 years (contracts can shorten it)Losing side has to pay attorney fees in a breach of contract (standard in Texas)Patent Law-Constitution authorizes the federal government to grant patents to inventors-In exchange for disclosing the invention, the inventor receives a 20-year exclusive right to make, use, or sell the patent invention. The 20-year patent is nonrenewable, after expiration of the period the item goes into the public domain and may be made, used, or sold by anyone.Requirements-For an invention to be patentable it must be-1. Patentable subject matter-2. Useful-3. Novel-4. The result of a patent application that was originally filed within one year after certain actions revealed the invention-5. “Non Obvious” (not obvious to an ordinarily skilled practitioner in this area of technology)
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Patentable Subject Matter-1. Machines-2. Manufactures-3. Compositions of matter-4. Processes
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