A majority of courts have held that all common law claims which might otherwise be made against an employee who uses his employer’s confidential information are abrogated when the legislature enacts the Uniform Trade Secret Act. Nevada has codified both the Nevada Uniform Trade Secret Act (“NUTSA”), and the idea that common law claims are… Continue reading Are Nevada Common Law Trade Secret Claims “Displaced” by the Uniform Trade Secret Act?
Under Nevada law “the owner of a mark that is famous in this State may bring an action to enjoin commercial use of the mark by a person if such use: (a) Begins after the mark has become famous; and (b) Causes dilution of the mark.” NRS 600.435. See also Mattel, Inc. v. MCA Records, Inc., 296… Continue reading What is Trade Name Dilution in Nevada?
The Nevada Uniform Trade Secrets Act (“NUTSA”) defines exactly what is considered as protected confidential information in Nevada Revised Statutes 600A.030: 5. “Trade secret” means information, including, without limitation, a formula, pattern, compilation, program, device, method, technique, product, system, process, design, prototype, procedure, computer programming instruction or code that: (a) Derives independent economic value, actual… Continue reading What is a Trade Secret in Nevada?
Even without a non-disclosure agreement, confidential information obtained by an employee during employment by reason of his or her position cannot be used or disclosed to the detriment of the employer. “An employee is obligated not to reveal employer’s confidential information during employment and after termination of employment.”[1] Nevada codified the Uniform Trade Secret Act… Continue reading Employees and Trade Secrets in Nevada
Confidential business information automatically becomes protected in the law once the statutory definition in NRS 600A.030 is met. There is no requirement that the parties expressly identify the information as a “trade secret”. Should a dispute arise as to the use of the information, determining whether the information used is protected is a matter of… Continue reading How Does Information Become a Protected Trade Secret in Nevada?
In the linked blog post below, Howard & Howard‘s Mike Braun explains a recent decision where a court denied an employer’s request for a preliminary injunction against the company’s former President and its IT manager who took flash drives with company information (containing the company’s vendors and suppliers list, sales data, pricing and cost information,… Continue reading Failing to Treat Your Protectable Information Like a “Secret” May Preclude Trade Secret Protection
Confidential business information automatically becomes protected in the law once the statutory definition in NRS 600A.030 is met. There is no requirement that the parties expressly identify the information as a “trade secret”. Should a dispute arise as to the use of the information, determining whether the information used is protected is a matter of… Continue reading How Does Information Become a Protected Trade Secret in Nevada?
How Does a Party Prosecute an Action for Misappropriation of Trade Secrets? NRS 600A.030(2) defines “misappropriation” as: (a) Acquisition of the trade secret of another by a person by improper means; (b) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired… Continue reading Misappropriation of Trade Secrets in Nevada
I have seen it many times. A company grows from the kitchen table to a storefront and builds a successful enterprise. The owner sweats and toils for years to build brand awareness and goodwill. Things are finally gaining momentum for the once struggling business and they feel they are about to “make it”. Then they… Continue reading The Upside of Federal Trademark Registration
