A Trade Secret Grave Mistake: Not Having an NDA

Failing to protect your confidential business information is not only a grave mistake; it can be fatal. Trade secrets aren’t just for big corporations like Coca-Cola. Your business might have a special recipe, a unique marketing plan, or a customer list that needs protection.

Say you’ve made a new slime formula that will make running a seasonal haunted house less expensive and won’t stain visitors’ clothes. Your business depends on big sales to the companies that run the haunted houses.

You didn’t bother with a patent because you didn’t want the formula to be public when the patent is published, or have the rights expire after 20 years.

You didn’t have employees sign non-disclosure agreements, also commonly called NDAs and confidentiality agreements, and there’s nothing in their employment agreements about keeping confidential company information quiet.

You start to see something being sold by a new competitor that seems suspiciously like your product, but at half the price. The haunted house companies switch to their product, you lose your business, and you are going to have a much harder time going after any employee who leaked the formula than you would have if they’d signed an NDA.

Don’t let your business secrets be a business tragedy. Talk with an intellectual property attorney about the best ways to keep them secret so you can keep doing what you do best and not be up at 3:00 am wondering if you’re protected against loose lips. That’s the time for worrying about the thing that may be under the bed.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it. You don’t have to face the darkness alone, though.

I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I’m an attorney in Champaign-Urbana, Illinois, but I serve intellectual property clients nationwide.

If you’d like to consult with me, please book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.

Please check out the other posts and pages on my website for more information on intellectual property and business law issues. I’m also on most major podcast platforms as “Know Your Rights: Your Intellectual Property and Business Law Playbook” (video on YouTube, Spotify, and Substack only) and on most social media as @kingpatentlaw.

Picture of Julie King

Julie King

Julie is a licensed patent attorney and the founding attorney at King Patent Law, PLLC, with over 25 years of legal experience. Her practice focuses on intellectual property, business, and estate planning, and she's passionate about helping clients use IP tools to protect and grow their businesses. When she's not helping clients, you can find her at a live rock show, watching a horror movie, or playing the guitar (badly).
.libutton { display: flex; flex-direction: column; justify-content: center; padding: 7px; text-align: center; outline: none; text-decoration: none !important; color: #ffffff !important; width: 14rem; height: 2.5rem; border-radius: 16px; background-color: #0A66C2; font-family: "SF Pro Text", Helvetica, sans-serif; } Follow Julie on LinkedIn

This content is for informational and educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney.

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

More Posts

Categories

Recent Posts

Your Content Deal Has Claws

What Coca-Cola Did to Johnny Cash — And Why Every Creator Should Be Terrified

Last November, the Johnny Cash estate sued Coca-Cola for using a tribute singer specifically chosen to sound like the Man in Black, without permission, without a license, without paying a single cent. Sound familiar? It should. Frito-Lay tried the exact same thing with Tom Waits in 1992 and lost two and a half million dollars. Brands have been stealing artists’ voices, content, and identities for decades. And it’s not just celebrities at risk. If you’re a creator signing brand deals, or a business hiring influencers, your contracts may be doing the same thing right now without you realizing it. I’m Julie King, a patent and IP attorney with over 25 years of experience, and today we’re talking about the three legal traps hiding in almost every influencer and marketing contract.

AI and Your Lawyer

AI Tools and Attorney-Client Privilege: What the Heppner Decision Means for You

Here is the AI and privacy issue that is not getting enough attention: AI meeting transcription tools.
Also, there is a federal court decision from earlier this year that has been generating a lot of conversation in legal circles, and a lot of confusion. If you have seen headlines like “court rules AI chats are not privileged” or “your AI conversations can be used against you,” here is the accurate version of what actually happened and what it means for you.
What about your attorney using AI? Here’s what you need to know.