Protect Your Designs

Trade/Commercial secrets

The safeguarding of trade and commercial secrets is paramount in the competitive landscape of the fashion industry, where innovation and uniqueness are key to a brand's success. Unlike other forms of intellectual property protection, trade and commercial secrets do not necessitate registration to be protected. Instead, the emphasis is placed on maintaining the confidentiality of valuable, non-public information through the implementation of non-compete and non-disclosure agreements. These agreements are crucial for ensuring that employees, contractors, and other parties privy to sensitive information do not disclose or misuse it, thereby preserving the company's competitive edge.

CASE STUDY

In Nike, Inc. v. Denis Dekovic, Marc Dolce, and Mark Miner (2014), Nike sued three former shoe designers for misappropriating trade secrets and collaborating with Adidas to start a rival venture. Nike claimed the designers violated non-compete agreements, misused confidential information, and took product designs and research to Adidas. Nike sought at least $10 million in damages, arguing that the designers' actions would cause irreparable harm to its market position. The case was settled confidentially, highlighting the importance of protecting proprietary information in the fashion industry.