Illinois Technology and Trade Secrets Attorneys
IP Lawyers Protecting Trade Secrets, Trademarks and Copyrights in Illinois
Technology, trade secrets, trademark and copyrights are the lifeblood of many organizations. However, the information that makes your organization unique is often exposed to third parties and even competitors during the regular course of business. To protect your competitive advantage in the marketplace, you need strict compliance and enforcement mechanisms in place as well as the guidance of skilled business and intellectual property (IP) attorneys.
At Momkus McCluskey LLC, our attorneys have extensive IP, business law, commercial and civil litigation experience. Over the years, we have helped countless clients protect their most valuable technologies, trade secrets, trademark and copyrights. We understand that it is critical for your organization to keep this essential information well-guarded. For this reason, we draft and negotiate ironclad agreements and help with implementing procedures and protocols that protect your interests. In the event of a trade secret dispute or trademark/copyright infringement, our commercial litigation and appellate practice groups are ready to effectively litigate your case and help you obtain the appropriate relief.
Trade Secret Protection and Enforcement
A trade secret is defined as a formula, pattern, product design, manufacturing process, proprietary software or similar piece of information that is closely guarded, not easily ascertained by others, and has commercial value. Trade secrets in Illinois (and 46 other states) are protected under the Uniform Trade Secrets Act.
To safeguard this information, agreements should be put in place between your company and those it does business with. These include:
- Consulting and Vendor Confidentiality/Non-Disclosure (NDA) Agreements;
- Employee/Contractor Restrictive Covenant and Non-Compete Agreements;
- Distributorship/Franchisee Agreements;
- Letters of Intent for Mergers and Acquisitions;
- Product Development/Technology Agreements; and
- Technology and Software Licenses.
In addition, corporate policies and protocols should be implemented to restrict access to trade secrets and keep your information as secure as possible. When trade secret misappropriation occurs, appropriate remedies may include restraining orders and injunctive relief, alternative dispute resolution and litigation.
A trademark is a logo, design, image, word, phrase or combination thereof that uniquely identifies an organization, its products and/or services. Use of a trademark may establish protection under the law. However, if a trademark is registered (in Illinois or federally), it is typically much easier to demonstrate trademark infringement if another individual or organization attempts to copy your mark or use something similar. We assist clients with the selection, use, registration, protection, and enforcement of their trademarks.
A copyright is a form of intellectual property that grants the right to exclusive use and distribution of an original creative work. Under copyright law, journalists, authors, artists, photographers and other creative professionals receive protection from the unauthorized copy and use of their works. Though protection usually exists as soon as a work is published, additional protection can be gained by registering the work with the Copyright Office or Library of Congress. We help clients with copyright establishment, registration and enforcement (when necessary).
Protection of proprietary technology, trade secrets, trademarks and copyrights is critical for the continued success of an organization. However, the laws governing this information are complex and can be confusing for attorneys that do not regularly practice in this area. For skilled guidance on protecting your most valuable information, contact Momkus McCluskey LLC today at (630) 434-0400 for a consultation. We provide counsel and advice from our team of experienced business and IP law attorneys to communities in DuPage County, Chicago, Cook County, Kane County, Will County, Lake County, McHenry County, Kendall County, DeKalb County and throughout Illinois.