Trade Secret Practice

Trade secrets include information used in a business which is not known to competitors of the holder of the trade secret. A trade secret may consist of any formula, pattern, device, or compilation of information which is used in one's business, and which gives the holder of the secret an opportunity to obtain an advantage over those who do not know or use it. Trade secret rights exist indefinitely, as long as the secret information is kept in confidence. Trade secrets differ from other forms of intellectual property in that they are secret and kept that way by whatever means the owner can employ. Patented and copyrighted products or materials are available for public scrutiny, but cannot be used or reproduced without permission due to protections and remedies provided by law. Once a trade secret becomes known to the public at large, there is no remedy to prevent continuing use of the secret by the public. It is advantageous to keep information a trade secret only if one is fairly certain that the information is of the type that cannot be developed independently.

There are remedies which can be invoked against someone who wrongfully discloses or misappropriates a trade secret. Trade secret law is usually governed by state legislatures although certain federal prohibitions regarding disclosure of trade secrets have been enacted. Typically, wrongful disclosure of a trade secret occurs when someone with an express or an implied obligation to hold a trade secret in confidence deliberately or inadvertently discloses the secret to the public or a competitor of the secret owner. Civil and criminal penalties may be available for theft of trade secrets.

Dilworth & Barrese, LLP is active in advising clients about measures which can be taken to guard trade secrets. We prepare non-disclosure and confidentiality agreements for large corporations as well as for individuals seeking to protect disclosure of an invention which may be a trade secret. We prepare cease and desist letters when necessary and will enforce or defend our clients' trade secret rights in state and federal court as the need arises. Your trade secrets are safe with Dilworth & Barrese, LLP.

Dilworth, Barrese, Farrell, Uniondale, New York, Long Island, long, island, legal, attorney, attorneys, lawyers, lawyer, patent, trademark, copyright, intellectual, property, intellectual property, litigation, prosecution, rights, protection, client, law, firm, law firm, patents, copyrights, trademarks, practice, ideas, assets, United States, constitution, clients, expertise, biotechnology, chemical, pharmaceutical, electrical, electronics, mechanical, arts, litigation, Musella