Protecting Your Trade Secrets on the Internet: Unmasking the Anonymous Blogger

William R. Denny, Jeffrey B. Safran, Ph.D.
July 2007

A company dealing with trade secrets posted anonymously on the Internet faces a difficult situation that touches upon sensitive legal and business questions. If the company decides to litigate to enforce its rights, it can expect a somewhat hostile reception as courts struggle to adapt trade secrets jurisprudence to the Internet and reach First Amendment arguments. Nevertheless, by being prepared and planning ahead, a company can succeed in identifying the source of the misappropriation and protect its trade secrets, even if it cannot obtain a satisfactory damages judgment because the culpable party is only an individual.

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