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From the INTA list : Stolen TM Case

Party A comes up with business idea, creates some samples, and meets with Party B for financing. Well, as you know, ownership of a pending ITU is not a basis for a demand against another party. In addition, if A's talks with B were circumstances giving rise to a duty of confidentiality (which they probably were, even if not memorialized in a written NDA), A could have a misappropriation of trade secret action against B. I think you'll find abundant case law under the trade secret rubric---though I don't know if any, or many, of those cases will involve the bad-faith filing of ITU applications. Robert C. Cumbow Graham & Dunn PC Pier 70 2801 Alaskan Way ~ Suite 300 Seattle, WA 98121-1128

Full post as published by The Trade Secrets Vault on June 16, 2008 (boomark / email).