The California Court of Appeal recently upheld the dismissal of claims against Mattel, which alleged that Mattel stole the idea for its flying Barbie doll from Technology from Heaven Unlimited (“TFHU”). Applying New York law, the Court found that Mattel did not misappropriate TFHU’s idea to create a flying Barbie using drone technology, as this idea did not have general novelty, even if the idea was novel to the buyer. Moving forward, companies should ensure that they have clear policies and procedures in place before accepting ideas and before entering into contracts for the disclosure of ideas, because whether an idea may be novel may depend on the timing of the contract.
Continue Reading Hoverboard Barbie: A Novelty Toy Without a Novel Concept

Please join the Trade Secret Committee of the American Intellectual Property Law Association, which is chaired by Seyfarth partner Erik Weibust, for Part I of its Trade Secret Master Series: How to Settle Trade Secret Disputes with Jim Pooley. The event will be held virtually on March 9, 2021 from 12:30-1:30 p.m. Eastern.

Trade secret

Consistent with many jurisdictions which have adopted the Uniform Trade Secrets Act, Delaware’s version expressly preempts common law claims based on the misappropriation of trade secrets. See 6 Del. C. § 2007. In a recent opinion, Vice Chancellor Slights of the Court of Chancery dismissed a claim for unjust enrichment based on defendant’s alleged misappropriation and use of plaintiff’s confidential and proprietary data because Delaware’s trade secret statute “occupies the filed” and preempts claims for common law unjust enrichment.
Continue Reading Spam Trap Evading Plaintiff Falls into Statutory Preemption Trap under Delaware Trade Secret Act

50 State Desktop Reference
What Businesses Need to Know About Non-Competes and Trade Secrets Law, 2020-2021 Edition

Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes practice group is pleased to provide the 2020-2021 edition of our 50 State Desktop Reference, which surveys the most-asked questions related to restrictive covenants and trade secrets in all 50 states,

Seyfarth partner Erik Weibust was recently named Co-Chair of the Trade Secret Committee for the Boston Patent Law Association (BPLA), Boston’s premier intellectual property organization for attorneys. This follows on the heels of Erik’s recent appointment as Chair of the American Intellectual Property Law Association (AIPLA) Trade Secret Committee.

The goal of the BPLA is

Webinar
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific

REGISTER HERE

In the first installment of the 2021 Trade Secrets Webinar Series, Seyfarth attorneys will review noteworthy legislation, cases, and other legal developments from across the nation over the

Seyfarth Trade Secrets partners Erik Weibust, Jeremy Cohen, and Scott Humphrey authored “The Broker Protocol Celebrates Its Sweet Sixteen,” an article in Wealth Management. The article focuses on factors and questions that should be considered by business and legal decision-makers when thinking of joining or leaving the Broker Protocol, including:

  • What are the short term

2020 brought with it a bevy of new challenges for companies of all sizes in every industry, not the least of which was protecting trade secrets and confidential information in the face of newly remote workforces. 2021 brings with it new hope and the promise of a return to “normalcy”—whatever that may mean in this changed world. But companies must remain vigilant about protecting their trade secrets and confidential information. As we enter the new year, here are ten resolutions that companies should make—and keep—to accomplish that important goal in 2021 and beyond.
Continue Reading Ten Trade Secret Resolutions to Keep for 2021 and Beyond

Many companies have enacted new remote working policies, plans, and procedures, often without much thought given to the protection of trade secrets and proprietary information. Indeed, in their haste to provide work-from-home resources and accessibility, some companies are apparently loosening their security standards to allow faster and more convenient access for employees. Apart from any