By Scott Cameron

California Code of Civil Procedure Section 2019.210 requires a plaintiff in a trade secret case to identify “with reasonable particularity” the trade secret it claims was misappropriated before commencing discovery. This usually leads to the first dispute in such a lawsuit – whether the plaintiff has adequately identified the trade secret. In a recent case, Brescia v. Angelin, (2nd Dist. Mar. 17, 2009) — Cal.Rptr.3d —, 2009 WL 684744, the California Court of Appeal provided additional guidance for settling this dispute. 

The California Uniform Trade Secrets Act (“CUTSA”), Civil Code Section 3426 et seq., creates statutory protection for a company’s trade secrets. The CUTSA defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process, that (1) derives independent economic value from not being generally known, and (2) is protected from disclosure by reasonable means. The classic example of trade secret is the formula for Coke or Pepsi. 

Continue Reading Obvious, Within General Knowledge, and … Trade Secret? An Update To The Disclosure Requirement of CCP 2019.210.

By Jeff Pietsch

Trademark law is traditionally concerned with protecting consumers. Trademarks protect consumers by helping consumers identify the source of the goods or service. For example, when a consumer buys a product, she knows exactly what she is going to get with the product based on its mark. Trademark law was designed to protect these consumers by protecting these marks against copy-cats or products with confusingly similar marks. Cases based on consumer protection concern similar products with similar marks that may confuse consumers. 

Continue Reading Trademark Basics: Dilution

Scott Hervey was quoted in a news article about his client, artist David Garibaldi, and the launch of his new clothing line.

Following up on his quote that he hoped for good sales of David’s product, we are happy to report that initial sales have be far in excess of original expectations.  Congratulations to David and his entire team.

 

Scott Hervey will moderate a pannel on brand building in today’s down economy on March 26, 2009.  Below are the details.

Discussion topics will include:

  • Positioning your brand – Do’s and Don’ts on brand awareness and perception.

  • How to increase marketing effectiveness on a tight (or non-existent) budget

  • Leveraging Social Media – Moving beyond SEOs and Blog

  • Lessons from world’s top brands on managing your brand

  • Stretching Your $ – Best Practices, Free Tools & Resources

Panelists:

  • Andy Smith, Past Vice President, Corporate Marketing, Dolby
  • Christine Vermes, Corporate Brand Director, Intel Corporation
  • Eric Bischoff, Partner, Bischoff-Hervey Entertainment & Past President, WCW
  • Greg Sieck, President, SieckGrowth Branding
  • Scott Hervey, Partner, Weintraub Genshlea Chediak Tobin & Tobin, Moderator

 

 

 

 

By James Kachmar

Although several federal courts in California have previously considered the issue of preemption in trade secret misappropriation cases, the Sixth Appellate District, in K.C. Multimedia, Inc. v. Bank of America Technology & Operations, Inc. ___ Cal.Rptr. 3d ____ (6th Dist. Mar. 3, 2009), became one of the first (if not the first) California state court to hold that the California Uniform Trade Secrets Act (“CUTSA”) preempts state common law claims based on the same facts as a misappropriation claim. This ruling could have a significant impact on how trade secret misappropriation cases are both pled and litigated in California. 

 

Continue Reading Trade Secrets and Preemption