Violating trade secrets

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Violating trade secrets

What happens if someone believes you have misappropriated their trade secret? They'd generally take one of two courses of action. First, they might just sue you. As we've discussed previously in this course, the most common way parties deal with trade secret misappropriation is to sue in state court under the particular law of their state. But a less costly step that is quite common is to send a cease and desist letter. Many people are confused about what a cease and desist letter means. Some people believe that once they send a cease and desist, that the other party must comply.

Some people who receive a cease and desist letter believe that they're bound by law to stop the infringing conduct. However, neither of these is true. A cease and desist letter is a letter typically written by a private attorney who represents someone who believes that they have rights in a trade secret or other intellectual property. That attorney reviews the facts and then drafts a letter to the alleged infringer, demanding that they cease the infringing conduct.

Source: https://www.linkedin.com/learning/understanding-trade-secrets-a-deeper-dive/violating-trade-secrets