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" ... But do they have any competitive edge? That is the problem. Anyone can get used batteries. There is very little that is protectable from an IP perspective about what they do. Still, many companies—Dell, Uber—have succeeded by becoming the obvious brand in a market. ... "
" ... For example, let’s say one of your practices for keeping your secret formula confidential is that the secret formula cannot leave the company vault, employees must sign in before entering the vault, and they may not bring anything into the vault with them when they look at the formula. If you start allowing employees to enter the vault without signing in and allow them to take the formula back to their desk or even outside the office, there’s a good chance that even if you had all of your employees sign NDA’s, your trade secret would no longer be considered a protectable trade secret by a court. ... "
" ... Interestingly, he believes it is the very fact that fashion brands don’t restrict sharing of what may be deemed protectable designs and data that ensures the fashion world keeps turning and product development is fast and constant. “Fashion would be at a standstill if it was dependent on designers putting out a registered document on their design.” ... "
" ... It’s not always an easy choice if you’re creating a lot of protectable content, such as a blogger or video creator creating many works per week. So you’ll want to think carefully about which works are worth it for you to register. ... "
" ... The stakes are high: The Lex Machina report found that trade-secret plaintiffs that can get their case all the way to trial had an almost 72% success rate from 2009 through 2018. In addition to the $706 million HouseCanary verdict (which included $471 million in punitive damages and $4.5 million in attorneys’ fees), there have been at least ten verdicts of $15 million or more in trade secret cases since 2009. By contrast, the success rate for defendants at the summary judgment stage is almost 64 percent if they can show there is no protectable trade secret. ... "