The Trick To Defending Your Intellectual Property

July 13, 2009

Copyrighted material and trade secret material share a common problem: it is often impossible to ascertain whether a competitor’s use of similar material is lawful or unlawful.   Neither copyright nor trade secret protection is effective to prevent another from independent development.  When either trade secret or copyright litigation rolls around, there is always the inevitable charge of unlawful taking and copying, respectively.  As inevitable as the charge is the subsequent response of independent development – or sometimes derivation from a third source.  There will (almost) never be video tape evidence of copying, nor will there likely be any surprise admission of copying; proving copying most often results from a tedious and expensive review of a defendant’s documents.  Our goal is to provide a business owner who counts trade secrets or copyrights among their assets some ways to enforce those rights as inexpensively as possible.  There is an old intellectual property attorney trick that often works with devastating effect in litigation and can drastically slash litigation expenses.  Read about it after the jump.

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