At the Aldrich Law Firm, we understand how important intellectual property is to Las Vegas businesses. We know that some situations require quick and extreme actions to prevent unlawful information disclosures. This is especially true with trade secrets, which lose their protections once they are publicly exposed. In many cases, litigation is required to keep such confidential information from being revealed.
Trade secret misappropriation is illegal under Nevada’s Uniform Trade Secrets Act. These laws define misappropriation as improper acquisitions, disclosures or uses.
A trade secret is improperly acquired if it was obtained unlawfully. Prohibited methods of acquisition include bribery, theft, misrepresentation, espionage or willfully breaching a duty to maintain confidentiality. If a person acquires a trade secret and knows that it was obtained through any of these methods, it will also be considered to be misappropriated.
The disclosure or use of a trade secret without consent from the owner may qualify as misappropriation. This may be the case if the person knew or should have known that the information was:
- Obtained through an improper method,
- Taken under circumstances that created a duty to maintain confidentiality, or
- Provided by a person who breached a duty to maintain secrecy.
These takings must have been done with the intent to harm a trade secret owner. This requirement may be fulfilled if the person had reason to think that these actions would harm a trade secret owner.
Trade secret owners can use litigation to protect their intellectual property from misappropriation. To learn more about protecting intellectual property rights, please visit our page on trade secret litigation.