How do I file a trade secret infringement lawsuit?
If you suspect someone of infringing on a trade secret in California, you must file a lawsuit with the civil court system. The first step is to contact an attorney who specializes in art law. An attorney can help you determine if your trade secrets have been infringed upon by a third-party. It is important to have an experienced attorney review any potentially infringing materials and represent you in court. Once you have consulted with an attorney, you must then file the paperwork with the appropriate court. In California, trade secret claims are filed with the Superior Court of the county in which the infringement has been committed. The claims must be filed within three years of when the infringement was discovered. The paperwork you will need to file includes a complaint that outlines the trade secrets in question, such as a design or recipe, as well as the particular way that it has been infringed. You should also provide evidence of the trade secret, such as samples or drawings, that you believe have been misappropriated or copied. Once the complaint is filed, the other party will be served with a summons and will be required to respond to the complaint. The other party will then be able to present a defense or make a counterclaim. At the end of the process, the court will render a decision based on the evidence presented.
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