S1, Episode 11: IP Protection – Trade Secrets

Season One, Episode Eleven– A primer on trademarks, including definitions, business name selection, how trademarks protect your brand, and application timelines and requirements.

Episode Description: Arun Swain (Fordham Law ‘19) and Harrison Kay (Fordham Law ‘19) join to discuss trade secrets- what they are, how to determine if your company has trade secrets, and how to protect them.  This episode is the fourth of a four-part series about intellectual property protection, and was researched and prepared by Arun Swain and Akbar Khan (Fordham Law ‘18).

Episode Roadmap:

  • [:30] Arun Swain and Harrison Kay introduce themselves as Fordham Law students under the direction of Professor Bernice Grant.
  • [1:25] The definition of trade secrets and how to know if your startup has trade secrets.
  • [5:30] Recognizing and legally protecting your trade secrets, and steps to take when your trade secret has been misappropriated.
  • [9:12] How to determine whether to patent technology or keep it as a trade secret.
  • [13:29] Safeguards to take to protect a trade secret while hiring and terminating employees, through non-disclosure and non-competition agreements.
  • [18:00] Outside entity disclosure document details and general office administration policies that support trade secret protection.
  • [20:46] How to ensure you aren’t infringing on other companies’ trade secrets.


“You never have to file for registration or apply for anything to achieve a status for a trade secret. Filing a trade secret is the opposite of what you want to do.” -Harrison Kay
“If you have some confidential technology that you’re debating whether you should patent or not, you have to consider whether you want a monopoly over the technology.” -Harrison Kay
“If you’ve been careless in protecting a trade secret, the court will not grant you trade secret protection.” -Harrison Kay

Mentioned in This Episode:

Additional Resources:


Disclaimer: The information contained in the Startup LAWnchpad Podcast and any materials associated therewith (the “Podcast”), is for educational and informational purposes only. The Podcast does not constitute legal advice or tax advice with respect to any particular circumstance. The Podcast is not a complete overview or analysis of the topics presented, and may contain information that varies in different jurisdictions and that is subject to revision, interpretation, or nullification after the date of recording. The transmission of information to you does not create a lawyer-client relationship between you and any host, guest, or their respective employer, including but not limited to Fordham University School of Law and Lincoln Square Legal Services, Inc. None of these parties shall be liable for any loss that may arise from any reliance on the Podcast. You should not rely upon the Podcast or treat it as a substitute for legal advice. You should consult a lawyer familiar with your particular circumstances and licensed in your jurisdiction for legal advice.

Startup LAWnchpad is a new podcast that helps bridge the gap between entrepreneurs and their legal needs.  This podcast is a series of virtual legal workshops that will educate entrepreneurs about legal issues they commonly face as they develop, launch and grow their business.