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June 2010 Archives

June 9, 2010

Much Ado About Muffins in Key IP Case at 3rd Circuit

By: Shannon P. Duffy
The Legal Intelligencer

The fast-tracked appeal in Bimbo Bakeries USA Inc. v. Botticella reviewed a February ruling in which U.S. District Judge R. Barclay Surrick enjoined Chris Botticella, a former senior vice president at Bimbo, from starting to work for Hostess Inc.

Surrick found that Botticella's extensive knowledge of Bimbo's trade secrets -- including manufacturing secrets used to make the famous "nooks and crannies" in Thomas' English muffins -- made it substantially likely, if not inevitable, that he would disclose Bimbo's secrets to Hostess.

The evidence, Surrick said, showed that Botticella continued to work for Bimbo for several months after accepting the new job and attended high-level Bimbo strategy meetings, and that he had copied sensitive computer files just before his departure.

To continue reading this interesting article from Law.com, please click here.

Concert costs 'trade secrets'

By Leah Wynalek
The Lantern

This year the Ohio Union Activities Board spent students' money to bring big names such as Drake, Kings of Leon and Cobra Starship to campus. Although some students are satisfied with the artists OUAB brings to Ohio State, others might wonder exactly how much they are paying for concerts they don't attend.

But OUAB won't reveal how much it pays performers to come to OSU, calling the information a trade secret.

"OUAB often competes with other entertainment venues in the area and other schools for the same acts," Eyer said. "Competitors having knowledge about the amounts we pay for performers would adversely affect our ability to negotiate the lowest possible rates and therefore reducing the buying power of the student activity fee dollars."

June 21, 2010

Bakery firm sues to protect secret of 'nooks and crannies'

One of the nation's largest bakeries has asked a federal court to help protect valuable trade secrets - the recipe and processes responsible for the trademarked "nooks and crannies" of Thomas' English Muffins.

These closely guarded details are fully known only by a handful of executives, and now one of them has been offered a job by Hostess Brands -  the maker of Wonder Bread, Twinkies, and other bakery goods.

To continue reading this interesting article from Journal Tribune, please click here.

June 20, 2010

BDO Licensor Frontech Accused of Unauthorized use of INVISTA Trade Secrets

By: Jodie Stutzman

INVISTA filed a suit yesterday against Houston-based Frontech Inc. for misappropriation of trade secrets, theft, false advertising and unfair competition.

"INVISTA is a company known for its world-class technology and continuous innovation"
The trade secrets at issue involve INVISTA's proprietary process for manufacturing butanediol (BDO), a chemical intermediate with applications including automobile parts, adhesives, personal care products and spandex.

According to the complaint, INVISTA recently discovered that Frontech has been offering INVISTA's proprietary processes to potential licensees in China, falsely representing INVISTA's unique process as its own.

To read the complete article by BusinessWire, click here.

Trade Secrets and the Computer Fraud and Abuse Act

By: Laurie Berke-Weiss
New York Law Journal

The Computer Fraud and Abuse Act, 18 USC §1030, has emerged as a vehicle for trade secret misappropriation claims where a computer transmission is involved in the transfer or destruction of corporate data from a computer whose use in some way affects interstate commerce.

When enacted in 1986, the CFAA was solely a criminal statute, aimed at preventing the illegal accessing of national security information through computer use and the electronic transmission of information which could harm the United States or benefit foreign nations. Amendments to the act expanded its scope to include theft and fraud via computer; altering, damaging, and destroying data; and trafficking in passwords and other protected information.

To read the complete article from Law.com, click here.

June 21, 2010

Council to discuss 'trade secrets and the purchase of property' on Tuesday

Hudsonhubtimes.com

Hudson Mayor William Currin has called a special meeting of Council on June 22 at 7:30 p.m. in Town Hall to discuss "trade secrets and the purchase of property for public purposes." The discussion will take place in executive session, which means it is not open to the public.

Palace: Ex-staffers stole trade secrets

By: Mike Martindale
The Detroit News

Pontiac -- The folks at The Palace of Auburn Hills figured a lot of business savvy blew out the door when longtime president and CEO Tom Wilson took a job with Detroit businessman Mike Ilitch in February.

But they apparently didn't count on Wilson wooing away nine key Palace employees who, a lawsuit now alleges, stole confidential data to fill seats and suites at Joe Louis Arena and unlawfully compete for sponsors, advertisers, concessionaires and vendors.

The Oakland Circuit Court lawsuit alleges violations of Michigan's Trade Secrets Act. It also claims breach of contract, unfair competition and conspiracy by Olympia and ex-employees of Palace Sports & Entertainment (PSE).

Starwood may pursue Hilton trade secret theft case

By: Deepa Seetharaman and Jonathan Stempel

Hilton Worldwide lost its bid to dismiss a lawsuit by rival hotel operator Starwood Hotels & Resorts Worldwide Inc (HOT.N) that accused it and two former Starwood executives of stealing trade secrets.

U.S. District Judge Stephen Robinson on Wednesday ruled that Starwood had presented sufficient evidence to allow the case against Hilton, which is owned by private equity firm Blackstone Group LP (BX.N), to go forward.

To read the complete article from Reuters, click here.

June 23, 2010

Kagan sought secrecy in 4 of 5 open gov't cases

By SHARON THEIMER (AP)

Supreme Court nominee Elena Kagan's arguments as solicitor general in several cases on government secrecy were at odds with a promise of transparency made by her boss and top client, President Barack Obama.

The FCC had released some of the information under an open records request, but withheld some, citing FOIA exemptions that cover trade secrets and humans' right to privacy.

The ruling threatens to put up barriers to the release of information "concerning corporation malfeasance in government programs that the public has a right to review," Kagan told the justices.

If Kagan is confirmed as expected and the court takes the AT&T case, she will have to recuse herself due to her past involvement.

To read the complete article from The Associated Press, please click here.

About June 2010

This page contains all entries posted to The Trade Secrets Vault in June 2010. They are listed from oldest to newest.

May 2010 is the previous archive.

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Many more can be found on the main index page or by looking through the archives.