Trade Secrets & Unfair Competition

Harness Dickey advises on the protection and security of valuable information. Our experience in addressing and overcoming the complex challenges associated with trade secrets, unfair competition and confidentiality is a meaningful aspect of our practice.

Trade secret and unfair competition matters move quickly. It is critical to retain counsel that can jump into action. Harness Dickey can assemble the right team — immediately. We have both asserted and blocked motions for temporary restraining orders and preliminary injunctions on very short notice. We are experienced in initiating investigations and designing a strategy based on our client’s primary objectives. We have experience in the full array of civil cases involving trade secrets, unfair competition, misappropriation, espionage and employee raiding.

Many trade secret disputes involve senior level employee mobility. The stakes are usually high when trade secret litigation ensues. The protection of customer lists, marketing plans, formulas and manufacturing processes can be among a company’s most valuable assets. High ranking professionals are recruited for what they know, regardless of whether or not it is proprietary information. To complicate matters further, information and technology has become so easily portable that the threat of misappropriation of confidential information continues to expand at an alarming pace.

We help design comprehensive programs to better protect our client’s trade secrets. We work with our clients to develop internal confidentiality protocols that mitigate the risk of trade secret misappropriation. We create and negotiate confidentiality agreements with employees, partners, suppliers and customers. We also work with our clients on security measures such as premises control, computer and electronic use policies for both employees and visitors, as well as management and marketing practices in order to identify and safeguard valuable information.

In the event a dispute should arise, we vigorously defend our client’s position through litigation or other dispute resolution options. We safeguard our client against unfair methods of competition that range from false advertising and product disparagement to trade dress and trademark infringement, as well as counterfeiting and Lanham Act violations, among others.

Our litigators are highly familiar with the full array of ancillary bad acts claims. We have been involved in asserting claims against parties that pass off their goods as those of our client. We are adept at prosecuting and defending similar packaging or false/misleading advertising claims. Because these types of cases can also involve trade secret misappropriation or intellectual property infringement claims, it is critical to retain counsel who fully understands how to deal with such matters. Harness Dickey litigators have proven time and again that they are the right choice of legal counsel for trade secret and unfair competition matters.

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