As reported in Beverage Daily, the Oregon Attorney General filed a petition to compel 5 Hour Energy to turn over its formula in a connection with a multi-state investigation into the energy drink’s safety and advertising.
In general, trade secrets are information, formulas, or patterns that 1) derive independent economic value from not being generally known and 2) are the subject of efforts reasonable to maintain their secrecy.
5 Hour energy claims it has complied with Oregon’s request by disclosing the ingredients in the drink, but refuses to turn over the exact amount of each ingredient fearing the release would damage its business. Trade secret cases can often place a business’ core product in the center stage and risk an entire business model.
If you are facing trade secret litigation, or would like to learn how to protect your trade secrets, contact Revision Legal today at 855-473-8474.
The answer to this question is complex and nuanced. In the last decade or so, it has become fashionable to insist there is some stark dichotomy between what a trademark is and what a brand is. But the difference is not as stark as some marketers would like you to believe. The traditional definition of […]
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