Ware, Fressola, Maguire & Barber LLP's IP attorneys also offer counsel and advocacy in areas including trade secret protection and disputes, claims of unfair competition, and laws governing undeveloped ideas.
Trade secrets are items of information maintained in confidence which have commercial value. We provide counsel on the proper safeguarding of information so it can qualify as a trade secret, and also on approaches to trade secret disputes including, for example, the use or disclosure of trade secrets by employees.
We provide counsel on unfair competition related to misuse of any intellectual property, including trademarks and trade secrets. For instance, beyond simple infringement, if an adverse party is actively passing off the goods or services of our client as their own — or engaging in false advertising, commercial disparagement, dilution, trademark cybersquatting, or misappropriation — we can help with timely action.
The law of undeveloped ideas relates to exploitation, and sometimes misappropriation, of a novel and concrete idea. We work to protect corporate clients from unfounded charges of misappropriation of others’ idea submissions. We also work on behalf of individuals to obtain recovery in case of another’s benefiting from use of an idea obtained from our client. The issues typically revolve around an express contract, a contract implied by the actions of the parties, a contract implied in law (i.e. on a theory of unjust enrichment), or a confidential relationship existing between the parties.
We welcome you to contact Ware, Fressola, Maguire & Barber for more information about our IP law practice.