Deceptive Trade With In Massachusetts
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The United States Patent and Trademark Office refers to a trade secret as a type of intellectual property. This definition of trade secret is in reference to the business ownership of a formula, pattern, compilation, program, device, method, technique, or process that provides a competitive edge.
It provides that “a party shall state with reasonable particularity the circumstances of misappropriation, including the nature of the trade secret and the basis for its protection.” The statute goes on to require that before commencing discovery, the party claiming misappropriation “shall identify the trade secret ...
(These practices are commonly called misleading or unfair business practices.) They include false advertising, misrepresentation, tied selling, and failing to comply with regulations. Under consumer protection laws, they are illegal and can lead to compensatory or punitive damages.
To further illustrate the enumerated acts above, some specific examples of trade secret violations are: Taking home confidential information from work. Hacking a company's computer and accessing secret documents. Making copies of confidential business files.
Massachusetts law defines a trade secret as "anything tangible or intangible or electronically kept or stored, which constitutes, represents, evidences or records a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention or improvement." Mass.
Massachusetts has a statute that specifically enables the Attorney General and consumers to take legal action against unfair or deceptive conduct in the marketplace, called Massachusetts Consumer Protection law, Massachusetts General Laws Chapter 93A.
Examples of trade secrets include: KFC's secret blend of 11 herbs and spices. Coca-Cola's recipe for their signature drink. Google's search algorithm.
