Cincinnati Trademark Attorneys & Lawyers

The Uniform Trade Secrets Act: What Is It?

The Uniform Trade Secrets Act is a law that seeks to give federal authority over trade secret laws to better protect sensitive trade information.

Why Is the Uniform Trade Secrets Act Important?

A trade secret is information with monetary value. This information can take many forms. Almost every industry uses trade secrets. Misuse of trade secrets can cause serious economic damage.

Misuse of a trade secret is called misappropriation. This usually means the secret was found out through illegal means. This can include industrial espionage, bribery, and threat. Misappropriation often involves disclosing trade secrets illegally. The common law in most states a

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What Is Defend Trade Secrets Act?

Defend Trade Secrets Act creates federal jurisdiction over the theft of trade secrets. This means trade secret owners can now bring lawsuits under federal law as well as state law, giving plaintiffs more options. It does not replace the state trade secret laws but gives an extra layer of protection. The DTSA applies only to products or services in interstate or foreign commerce.

Signed in 2016, the DTSA makes the law regarding trade secrets more consistent. Though most states follow some version of the Uniform Trade Secrets Act, each state still has its own trade secrets law. This can lead to confusion and inconsistencies in how to bring civil action.

The law covers a broad range of business acti

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A copyright protects “original works of authorship fixed in a tangible medium of expression.” It protects the way that ideas, facts and other things are expressed once they are in tangible form. A copyright covers both published and unpublished original works including artistic, dramatic, literary and musical works.

What is Copyright Infringement?

In short, a violation of the exclusive rights of a copyright owner is called infringement. This exclusive rights include the right to display, reproduce, perform or distribute the work. Copyright infringement is usually proven through circumstantial evidence since it’s sometimes hard to provide direct evidence of plagiarism. Two elements must be proven:

• that there is a substantial similarity between the c

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What Does it Mean to Trademark a Surname?

A surname alone only qualifies as a trademark if it has already been associated with the business through advertising and has acquired a secondary meaning. It is also clear why somebody with the McDonald surname could not register a fast food restaurant on the name only.

Why is a Trademark Surname Important?

While it is not possible in every case to register a surname as a trademark, if it has "acquired distinctiveness", the business owner should protect it. The approval or rejection of the trademark request depends on:

• Whether the surname is rare
• If it is connected with the person registering it
• If it has a recognized meaning and association wi

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What Is a Cease and Desist Letter?

A cease and desist letter is an official warning about illegal behavior that lets you know further penalties could follow if the behavior, such as patent infringement, doesn't stop. It does not automatically lead to a lawsuit. 

Here are some ways one might violate the intellectual property of another:

• Plagiarizing someone's work
• Using an invention without th

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