Trade Secrets and other types of proprietary information often constitute the most valuable assets of a business, ranging from proprietary manufacturing methods, to proprietary methods of pricing, to proprietary information regarding customers and business strategies. We recognize that in a highly competitive environment, theft of trade secrets, raiding of key employees, employee disloyalty and breaches of fiduciary duty can cause irreparable loss to a business.
Mulcahy LLP’s litigation expertise and depth of courtroom experience is invaluable in prosecuting (or defending) claims involving both statutory and common law trade secrets. We have compiled a stellar record representing clients as plaintiffs in such litigation and repeatedly have obtained preliminary injunctions on their behalf. We also successfully have represented clients charged with misappropriation of others’ trade secrets and successfully have defended cases of that kind for a range of clients. We have litigated trade secrets cases in a variety of industries, including motor vehicle, quick service restaurant (QSR’s), beer distribution, health care, real estate, business services distribution, home service, food distribution, cleaning franchises, pet franchises, tutoring franchises, farm equipment distribution, health and fitness franchises, senior care franchises, tobacco distribution, restaurant franchises, DVD, video & gaming franchises, entertainment franchises, printer, copying & sign franchises, security franchises, mailing & shipping franchises, and vending franchises, among others.
We also possess substantial experience in investigating potential of suspected misuse or misappropriation of trade secrets. We advise clients on methods of protecting proprietary information including confidentiality and noncompetition agreements with employees. When necessary, we have enforced those types of agreements in Court. We prosecute, advise and enforce:
- Service marks
- Trade secrets
- Trade dress (visual appearance)
- Business methods and systems
- Other proprietary information
IP issues affect nearly all of our clients. The efforts we make to understand our client's business enable us to provide support and advice that is both practical and reflects commercial reality.
Budget Blinds Enforcement Actions.
Mulcahy LLP filed the following lawsuits on behalf the same franchisor client to recover unpaid fees, enforce the non-competition clause in the franchise agreements, and to protect the client’s trademarks and trade secrets against existing or former franchisees that were operating outside the system.
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Lunkenheimer v. Tomkins, P.L.C.
(U.S. District Court, Southern District of Ohio) Jim Mulcahy was the lead trial counsel for Tomkins, P.L.C., a multinational company based in the United Kingdom, in a suit brought by an industrial valve company alleging breach of contract, fraud, trademark infringement, antitrust violations, theft of trade secrets and unfair competition.
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Play N Trade Enforcement Actions.
Mulcahy LLP filed the following lawsuits on behalf the same franchisor client to recover unpaid fees, enforce the non-competition clause in the franchise agreements, and to protect the client’s trademarks and trade secrets against former franchisees operating outside the system.
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