• the post of tom joad@sh.itjust.works
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    3 months ago

    Can you help me with this? My reading says different:

    What is Intellectual Property?

    There are four types of intellectual property:

    • A trademark is a name, logo, symbol, slogan, or tagline – or in some limited cases, even a shape, color, or sound – that is used to identify and distinguish goods or services of one person or company from those of another.
    • A patent is a right granted by the federal government to the patent owner that permits the owner to exclude others from making, using, or selling an invention for a limited time period (for example, up to 20 years).
    • A copyright grants the owner the exclusive right to publish, reproduce, print, perform, display, license, film or record their literary, artistic, or musical content, and prepare derivative works based on the copyrighted work.
    • A trade secret is highly confidential proprietary information, such as a device, method, technique, process, formula, or program, that has undergone reasonable efforts to maintain its secrecy because it provides significant economic value in not being known or readily discoverable by others

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    Wouldn’t the bolded ‘trade secret’ section cover their switch’s defense against its emulators?

    Then, the requirement to defend:

    For Good Reason: “Reasonable Measures” in Recent Trade Secret Law

    One often-overlooked requirement has the potential to make or break a trade secret misappropriation claim: the trade secret owner must have taken “reasonable measures” to protect the trade secret; otherwise the information does not qualify as trade secret under the Federal Defend Trade Secrets Act (“DTSA”) or the Uniform Trade Secrets Act (“UTSA”). But the statute does not provide what protective measures are sufficiently reasonable, so that determination largely depends on each case’s facts and circumstances. This article examines recent case law surrounding what measures courts have found to be “reasonable” under the circumstances (and which ones courts have found were not “reasonable” under the circumstances).

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