Los Angeles, CA commercial litigation attorney David Ribakoff talks about the common mistakes business make that puts their IP at risk.
More In This Category
The common mistakes that businesses make that put their IP at risk is not having sufficient protections for their IP. There is an act called the Uniform Trade Secrets Act which protects intellectual property, but one of the essential elements of that act is that you take reasonable measures to protect your intellectual property. And so I strongly urge my clients to take measures that are appropriate to protect their intellectual property because once the secret’s out, it’s hard to put it back in.
The steps that I think my clients should take to protect their IP is, number one, to have the mechanisms in place to protect it. But if they feel that their intellectual property has been misappropriated it really depends on the specific case in terms of what to do. Sometimes you want to go straight to court and you don’t want to alert the person who misappropriated the intellectual property because it gives them an opportunity to do something more nefarious. Sometimes you do want to send the cease and desist letter. But there’s no cookie-cutter solution to each particular problem and so that’s the reason why I really listen and try to understand the situation before I give the advice.