Our firm regularly prosecutes and defends claims involving the violation of intellectual property rights, including copyright infringement and trademark infringement claims.  Both trademark and copyright actions are governed by federal law and are prosecuted in federal court.  Both the Lanham Act (the federal law governing trademarks) and the Copyright Act provide extensive protections to properly registered trademarks and copyrights.  Recognizing the inherent difficulties in proving damages for the violation of these statutes, the courts are authorized to award an aggrieved party the infringer’s profits, statutory damages, and attorney’s fees, and to issue appropriate injunctive relief to enjoin further infringement.  The copyright and trademark laws impact virtually every business:  from the copyright of an architect’s plans to the violation of trademarks in the creation of the company website. 

We regularly prosecute and defend claims for misappropriation of trade secrets and confidential information. The law prohibits parties from obtaining trade secrets or confidential information from others through improper means.  One of the most common fact patterns giving rise to misappropriation of trade secrets occurs in the context of the employer/employee relationship.  It is not uncommon for an employer to invest considerable resources to train an employee in specific business methods, techniques or processes, only to see that employee attempt to take those “trade secrets” to a competitor.

Pennsylvania has enacted a Uniform Trade Secrets Act which protects a wide range of trade secrets, defined under the Act as “information, including a formula, drawing, pattern, compilation including a customer list, program, device, method, technique or process that:  (1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (2)  is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.   Misappropriation cases typically involve the filing of a preliminary injunction whereby the employer effectively seeks emergency relief from the court to prevent the former employee from engaging in unfair competition by using or disclosing the employer’s trade secrets.  An employer can protect its trade secrets and help prevent unfair competition through the use of employment agreements containing confidentiality provisions and restrictive covenants.

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