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ARTICLE · 28 MARCH 2022

Preserving Trade Secrets By Taking Additional Protective Measures In Your Licensing Agreement

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The Eastern District of New York recently highlighted the importance of maintaining the confidentiality of trade secrets where the underlying trade secrets are readily apparent to anyone interacting with the holder's product.

United StatesIntellectual Property
T. Sean Mann-O'Halloran
T. Sean Mann-O'Halloran
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The Eastern District of New York recently highlighted the importance of maintaining the confidentiality of trade secrets where the underlying trade secrets are readily apparent to anyone interacting with the holder's product.

Turret Labs USA, Inc. ("Turret") sued CargoSprint, LLC ("CargoSprint") and its CEO claiming that both had "accessed [Turret's] proprietary software under false pretenses, then misappropriated its trade secrets." Turret Labs USA, Inc. v. CargoSprint, LLC, No. 19CV6793EKRML, 2021 WL 535217, at *1 (E.D.N.Y. Feb. 12, 2021), aff'd, No. 21-952, 2022 WL 701161 (2d Cir. Mar. 9, 2022) ("Turret"). The software—Dock EnRoll—was "designed to facilitate the hand-off of air cargo arriving in the United States to ground transporters, and the payment of associated storage and handling fees." Id. Turret alleged Dock EnRoll was the "first software of its kind" and took two years to create. Id.  The software was exclusively licensed to Lufthansa Cargo

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