Tag Archives: License

Jan 09 2011
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Articles and Commentary, Security Program

Implementing a Trade Secret Protection Program

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Metropolitan Corporate Counsel has an interview with Alan Gutterman regarding how to implement a trade secret protection program.  Gutterman recites some of the common elements to such a program:

[A]doption of security measures to mark trade secrets, thus, identifying what is or is not considered to be confidential. The programs also include segregation of trade secret information and limitation of access to the trade secret owner or other authorized personnel. I also recommend that a program places employees on notice that the company maintains confidentiality of its trade secret information and that each employee has a duty to assist in protecting such items. Continue reading →

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Jan 09 2011
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Demurrer/Motion to Dismiss

In Software Distribution Case, Northern District Holds That Improper Disclosure Element of UTSA Claim Properly Pled Where Acknowledgment of EULA Alleged

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In BMMSoft, Inc. v. White Oaks Technology, Inc., No. C-09-4562 MMC, 2010 WL 3340555 (N.D. Cal. Aug. 25, 2010), the court denied a motion to dismiss a misappropriation of trade secrets claim in an unauthorized software distribution case.  The court held that the improper disclosure element was properly pled where the complaint included an allegation that defendant clicked “I agree” to an end user license agreement restricting unauthorized disclosure. Continue reading →

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