The case of Mesquite Servs., LLC v. Standard E&S, LLC, No. 07-19-00440-CV, 2020 WL 5540189 (Tex. App.—Amarillo Sept. 15, 2020, no pet.), arose from a dispute over a non-compete agreement and examined the role that the former version of the Texas Citizens Participation Act (TCPA) can play in a misappropriation of trade secrets claim under the Texas Uniform Trade Secrets Act (TUTSA). Ultimately, the Seventh Court of Appeals, Amarillo concluded that…

The case of KBIDC Investments, LLC v. Zuru Toys Inc., No. 05-19-00159-CV, 2020 WL 5988014 (Tex. App.—Dallas Oct. 9, 2020, no pet.), involved a dispute between two inventors who each created a system for filling and sealing recreational water balloons. Ultimately, the Court determined that the plaintiff in the case, KBIDC Investments (KBIDC), presented evidence that was too indefinite and uncertain to constitute circumstantial evidence of misappropriation of a trade secret under the Texas Uniform…

The case of Infinity Sys., Inc. v. Gray Mech. Contractors, LLC, No. 01-19-00253-CV, 2020 WL 5637505 (Tex. App.—Houston [1st Dist.] Sept. 22, 2020, no pet.), a Texas Uniform Trade Secrets Act (TUTSA) case, involved a motion to dismiss under the previous version of the Texas Citizens Participation Act (TCPA).  Ultimately, the First Court of Appeals, Houston determined that private communications between parties who communicate for personal, pecuniary gain are not protected…

Winning a trade secret misappropriation case at the summary judgment stage is difficult.  The case of C&M Oilfield Rentals, LLC v. Location Illuminator Techs., LLC, No. P:18-CV-039-DC, 2020 WL 7012008 (W.D. Tex. Sept. 30, 2020) illustrates that point.  C&M Oilfield Rentals involved the alleged misappropriation of trade secrets used to construct an oil rig-mounted lighting system. Ultimately, the Court determined that it could not decide this case at the summary judgement stage because a genuine…

Title Source, Inc. v. HouseCanary, Inc., No. 04-19-00044-CV, 2020 WL 5027667 (Tex. App.—San Antonio Aug. 26, 2020, pet. granted) is a new case addressing the jury charge in Texas Uniform Trade Secrets Act (TUTSA) cases.  In a previous post, I discussed the Casteel problem in the misappropriation instructions that resulted in reversal of this multi-million dollar judgment and the court’s evaluation of the evidence supporting the existence of the trade secrets. (For…

The last trademark-centric article posted, entitled, “Just a Picture on a T-Shirt: The Basics of the Most Common Trademark Application” was intended to be a two-parter.  The article revealed a hole in the trademark regulation discussed later, and the second part of the article needed to await a solution to that hole, which also appears below.  Let me explain . . . .…

The case of Pike v. Tex. EMC Management, LLC, 17-0557, 2020 WL 3405812 (Tex. June 19, 2020), revolved around the breakup of a limited partnership which was originally created to produce a new cement product. Ultimately, the Texas Supreme Court determined that the technology-supplying partner was not entitled to a permanent injunction for misappropriation of trade secrets under the Texas Uniform Trade Secret Act (TUTSA), reversing the decision of the appellate court.…