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what does it mean when someone says their design is proprietary? How do i proprietarize my design? Does this mean there is a trade mark, copyright etc. on file? Thank you.
Optional Information: State/Country of Question: North Carolina Already Tried: nothing
Thank you for your question. Proprietary information generally refers to trade secrets. Trade secrets are defined by federal law as "all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if— "(A) the owner therefore has taken reasonable measures to keep such information secret, and "(B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, the public[.]" Usually, business or owners of propietary information require employees to sign confidentiality agreements with regards XXXXX XXXXX information. There is no official way to "proprietarize" a design. However, to make it yours, you can copyright it.
Can I get specific? I make cremation urns - wood rectngular boxes about 12' X8" 6"- i RECENTLY SAW A MFG OF SIMILAR URNS ON THE WEB WHO SAID HIS DESIGNS ARE PROPRIETARY. To me a box is a box - decorated with moldings etc. If I can see it or visualize it, I can make it. I did notcopy anyones box but it would not surprise me if someone else had one almost identical to min or vice versa. He did not say it was copyrighted etc. Do I have a concern? like I said a box is a box - right?
If his box is posted on the web, he has not done anything to protect the secrecy of his design, and the design is not proprietary. Likewise, if there is no copyright, there is no violation there.
Experience: General practice experience in many areas of law