This form is a Complaint for Injunctive Relief and Damages. Plaintiff filed this action against defendant for breaching a non-competition agreement. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages.
Injunctive Relief Agreement For Trade Secret Misappropriation In Tarrant
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State:
Multi-State
County:
Tarrant
Control #:
US-000302
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Word;
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FAQ
Criminal Law As stated above, Texas also makes it a crime to steal trade secrets. Theft of a trade secret is a felony of the third degree. Third degree felony convictions in Texas carry a punishment of two to ten years in prison and a fine up to $10,000.
That is because the Deceptive Trade Practices Act (DTPA) in Texas has a two-year “statute of limitations.” A lawsuit must be filed within two years of the fraudulent sale, lease, repair, service, or other offending conduct.
Under TUTSA and DTSA, a plaintiff who successfully proves trade secret misappropriation can obtain several types of remedies, including injunctive relief, monetary damages, and, in certain cases, punitive damages.
The plaintiff in a trade-secret case lawsuit must prove three facts: (1) it has some valuable business information that it has kept secret; (2) the information is not generally known; and (3) the defendant has used that secret. A defendant may attack each showing, but some attacks are better than others.
Contrary to patents, trade secrets are protected without registration, that is, trade secrets require no procedural formalities for their protection. A trade secret can be protected for an unlimited period of time, unless it is discovered or legally acquired by others and disclosed to the public.
Defenses to a Misappropriation Lawsuit You will need to use your own files and records to prove that you completed development before any dates on which the alleged misappropriation occurred. Related, but less strong, is a defense of reverse engineering.
(a) A person must bring suit for misappropriation of trade secrets not later than three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered.
A court may grant an injunction to prevent any actual or threatened misappropriation, provided that the injunction does not “prevent a person from entering into an employment relationship,” and that any conditions placed on employment are based on “evidence of threatened misappropriation and not merely on the ...