Wednesday, February 18, 2009

What can I do if someone under an obligation not to disclose my trade secrets threatens to disclose them?

Injunctive relief is available to prevent the disclosure of trade secret information under the laws of every state. While such action involves retaining an attorney and filing a lawsuit, it is often necessary because once the trade secret is made public, it is much more difficult, if not impossible, to restore the information to trade secret status. In many situations, no amount of money damages can provide just compensation for the value of a trade secret, and very often the person who releases your trade secret to the world will not have sufficient assets to pay a judgment against him for the damage you suffer.

http://law.freeadvice.com/intellectual_property/trade_secrets/disclose_trade_secrets.htm

This is the legal advice given on the above website. If this is the case, how does Coca Cola maintain its trademark secret?

Here's how.. http://www.11alive.com/news/article_news.aspx?storyid=91010

Joya Williams, the now-former Coca-Cola employee accused of trying to sell company secrets to Pepsi, ran into a problem Wednesday at her trial in Atlanta federal court. Coca-Cola's attorneys don't even want her to use her own evidence because it's supposed to be latent with proprietary information.

I guess the gist is.. You're spending so much time and money in court at the risk of literally destroying your own life that it's really not worth it. Oh, not to mention that it convicted of trying to sell trade secrets- you're going to jail for 10 years.

In my opinion, it just doesn't seem worth it.

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