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ARTICLE · 29 OCTOBER 2014

New Strings Attached: LinkedIn Contacts Are Now Trade Secrets?

From a birds-eye view, Cellular Accessories For Less, Inc. v. Trinitas, LLC appears to be a typical dispute between an employer and its former employee.

United StatesIntellectual Property

From a birds-eye view, Cellular Accessories For Less, Inc. v. Trinitas, LLC appears to be a typical dispute between an employer and its former employee. However, a closer look reveals an issue new to the world of trade secrets—specifically, do LinkedIn contacts qualify as trade secrets? For now, they may: a federal judge in the Central District of California denied defendants' motion for summary judgment last month, finding there were triable issues of material fact surrounding the question whether LinkedIn contacts were protectable trade secrets.

The case arose when defendant David Oakes, a sales account manager for plaintiff Cellular Accessories for Less ("Cellular"), a seller of mobile phone accessories to businesses, decided to strike out on his own after more than six years with his employer. During his tenure at Cellular, Oakes had signed an employment agreement requiring that proprietary information, including Cellular's "customer base," remains property of

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