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Trade Secrets & Non-Compete Litigation

Trade secrets are defined as practices, formulas, designs, processes, instruments, patterns, or a compilation of information that is not generally known by the public. These trade secrets help businesses obtain an economic advantage over other businesses. In some jurisdictions these trade secrets can be considered confidential information or classified information. The definition of trade secrets also includes the fact that the information is not generally known to the public, that it confers some sort of economic benefit on its holder and the information is the subject of reasonable efforts to maintain its secrecy.

Murray Law assists clients with protecting confidential information and trade secrets through the preparation of non-compete agreements, confidentiality agreements and non-solicitation agreements. The firm advises clients on the creation of policies and procedures that help employers avoid receiving trade secrets or confidential information when hiring employees from competitors.  Murray Law also represents clients in litigating claims for misappropriation of trade secrets and confidential information.  In addition, the firm represents clients in claims involving various related business torts such as unfair competition claims, breach of fiduciary duty, and claims of tortuous interference with business relationships or contracts.  Additionally, Murray Law represents clients in litigating claims to enforce or invalidate non-compete, non-solicitation, or confidentiality agreements.

Representative Matters

  • Representation of a packaging and shipping franchisor in state court action against franchisee related to the franchisee’s breach of its franchise agreement by failing to pay royalties and the franchisor’s decision to terminate the franchise agreement. Despite termination of the franchise agreement, the franchisee continued to operate and use trademarks, service marks, trade names and trade dress which infringed upon the rights of the franchisor in violation of law. The action involved claims for trademark infringement; false designation of origin; injury to business reputation and dilution; deceptive and unfair trade practices; misappropriation of trade secrets; and injunctive relief.
  • Representation of quick service restaurant franchisor in federal court action for damages and injunctive relief relating to a former franchisee’s unauthorized use of trademarks, service marks and copyrights.  In addition, the action sought to compel the former franchisee to comply with the terms of a valid and binding non-compete agreement.
  • Representation of funeral business in federal action against former owners along with their corporate affiliates and subsidiaries, officers, agents, servants, employees, attorneys and those in active concert and participation with them from the unauthorized use of a trade name in providing funeral, cremation or burial services in Monroe County, and from violating the valid non compete agreement.