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Trade secrets are a form of intellectual property protected by state law. Traverse City trade secret lawyers Revision Legal provide representation to businesses and individuals in intellectual property disputes, including trade secret litigation.
Michigan has adopted the Michigan Uniform Trade Secrets Act, which provides businesses an avenue to both stop and prevent the disclosure and use of business information.
The first step in pursuing, or defending, a trade secret action is determining whether the information at issues actually constitutes a protectable trade secret. Not all information rises to the level of a trade secret.
So, what is a trade secret? Michigan law provides a statutory definition at MCL 445.1902. In general, however, a trade secret is a form of information, put into a formula, pattern, compilation, or program that 1) is actively kept secret and 2) derives value from its secrecy.
Vendor lists, customer information, and customer lists could reach the level of a trade secret, but only under certain situations, explained more here.
Business should be aware that their actions can have a direct impact on whether certain information can be classified as a trade secret. For example, information that is shared on websites, marketing materials, including trade show conventions, will not be considered a secret, and in return, will not be protected.
In general, information that is readily available to the public will not be considered for protection under Michigan law. Business should be aware of this reality and adjust their marketing plans and edit their websites as appropriate.
Traverse City trade secret lawyers Revision Legal advises businesses on how to proactively protect vital business information. Further, our intellectual property attorneys represent businesses and individuals in trade secret litigation.
To consult with our Traverse City trade secret lawyers, complete the contact form on this page, call 231-714-0100, or click here.
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