Keeping Your Trade Secrets Secret

January 15, 20150 Comments

IP theft is not just for high tech and big corporations. It can happen anywhere – even at your local hair salon.

hair color formula

A stylist allegedly stole top-secret hair ‘Color Formula Cards’ from a high end hair salon in New York City catering to a clientele of celebrities. Apparently, the stylist took the formulas to the competition. The trade secrets in question are cards that detail the specific hair color needs of each client and the precise formula used to create the custom color. The hair stylist then contacted her former customers telling them she now worked at the competitor.

If you think you haven’t invented anything, you probably have intellectual property you don’t recognize. Do you have a formula, method, or information that gives you a competitive advantage? It can be a manufacturing process, a “secret sauce,” or products in development. Trade Secrets also include customer lists, business plans and “negative know-how” – things that you tried that led nowhere. If so, you have a trade secret.

Here are important three important steps to make sure you protect your trade secret IP:

  • The first step is to prioritize your proprietary information and categorize the results. Have a reasonable policy that requires all proprietary material as just that — with a big CONFIDENTIAL stamp on the document itself. When the IP is a process or formula, some companies fragment the process so that no one employee knows it from beginning to end. KFC, for instance, separately mixes parts of its “11 herbs and spices” at two locations. Once the material has been labeled as secret, the next step is simply to keep it confidential.
  • The second step is a company policy (in writing and given to every employee) that clearly explains why keeping information confidential is important to the company.
  • And third, make sure you have a procedure to verify that employees leaving your company do not take any confidential information. It’s important to remind them of their obligation (and signed agreement) not to disclose any trade secrets to their new employer.

Trade secrets are important and valuable IP assets. If you haven’t done so, make sure you put in place procedures to protect it’s confidentiality.

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About the Author ()

Rand is President / CEO of Licensing Consulting Group, an intellectual property management and licensing company specializing in assisting clients in IP Management, Strategic Consulting, Acquisition of Licensing Rights, and Property Representation. Rand has licensed some of the biggest Hollywood blockbusters, including “Batman” and the “Mighty Morphin Power Rangers”, both of which generated billions of dollars in worldwide merchandise sales. He has lead various international licensing programs as both licensee and licensor, and through consulting projects focused on licensing strategy, brand development, sponsorship sales and property representation.

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