No patent, but designs stolen, what to do?

[mrw142]

What is the name of your state? Minnesota

My company had a design engineer who was working on our newest design for a recreational vehicle, which we build. He worked for several months on the project using, of course, our resources, computer programs, etc. After completing the design, he quit. Later, a competitor brought out their new RV, which we saw at a trade show--it was identical to the new design that the design engineer had produced for us! We then found out that this engineer had gone to work for this competitor. As the design is identical--he must have taken copies of the blueprints with him--it would be pretty easy to show that some theft occurred, but we don't patent or copyright our designs--it would be pretty hard or impossible to copyright a style we've been told--and we've been also told that it's very tough nowdays to win a case on the basis of trade dress infringement. So what recourse do we have? Theft of our drawings? How do we go after these guys?
Thanks in advance for any help!

 

[divgradcurl]

Talk to an attorney. You most likely could sue both the former employee and the competitor for theft and misappropriation of trade secrets, but you'll need to consult someone who is more knowledgeable about MN trade secret laws. Further, there may also be criminal liability for the former employee. Talk to a local lawyer, and see what you can find out.

 

[mrw142]

Thanks for your advice. I'm a bit embarrassed to admit it, but I am an attorney for the company in question. I just have no background--not even a law school class--in intellectual property, save for the smattering that you pick up here and there in contracts and the like. Just trying to piece together a reasonable way to structure the Complaint--they ignored my demand letter. Thanks for the info. I'm brand new to this forum (as well as relatively new to the profession), I hope I haven't committed a breach of etiquette by posting as an attorney.

 

[divgradcurl]

I hope I haven't committed a breach of etiquette by posting as an attorney.

Not at all. Although you wouldn't want to use what we say here as legal authority, you can get some good pointers on where to start your own research...

Here's a good place to start your research: http://www.revisor.leg.state.mn.us/stats/325C/

Good luck! If this stuff still doesn't make sense, it might be worthwhile to talk with another attorney more experienced in these matters for guidance under your own state laws.

 

[mrw142]

Not at all. Although you wouldn't want to use what we say here as legal authority, you can get some good pointers on where to start your own research...

Here's a good place to start your research: http://www.revisor.leg.state.mn.us/stats/325C/

Good luck! If this stuff still doesn't make sense, it might be worthwhile to talk with another attorney more experienced in these matters for guidance under your own state laws.

I appreciate your kind advice, as a matter of fact you got me started and I soon found and have already printed out the UTSA--that Complaint will virtually write itself now. I just needed a little nudge, thanks to you from a junior member of the profession for providing it!