Question: Can you send a cease and desist letter by singing telegram?

Answer:

Apparently, yes you can.  While this blog typically is premised on common questions companies ask, I must confess this is not a question that I’ve ever been asked.  Nonetheless, I could not resist blogging about Bud Light’s creative take on what is often a legalese laden, scare-inducing missive.

Bud Light trademarked its slogan “dilly dilly” and successfully has been using it in a marketing campaign and TV commercials.  A craft brewery recently crossed the line and used “dilly dilly” in the name of one if its new brews.  When Bud Light learned of this, it responded with a stern, but tongue-in-cheek cease and desist letter, letting the brewery know that this should be a one-time run using the “dilly dilly” name for this brew.  The message explained that continued use of Bud Light’s trade name would be met with a “private tour of the pit of misery” (as opposed to the usual  threat of an injunction with a claim for all kinds of damages and attorneys’ fees).

To see a recording of the live delivery of Bud Light’s cease and desist letter (or scroll, rather) by town crier, click here.

Given the positive reception and press Bud Light’s clever cease and desist communication received, perhaps more companies will consider getting their legal and creative teams together to address such infringing conduct.  It’s refreshing to see that even in the law, there can be levity.

About the Author:  Laura Liss (lliss@pfs-law.com) is Chair of Patzik Frank and Samotny’s Employment Law Practice Group. She provides both legal and practical business advice on all phases of employment-related decisions. She regularly serves as a sounding board for business owners, executives and human resources professionals and assists them in successfully and efficiently navigating the various employment laws that impact their businesses.

Question: What steps can businesses take to protect their confidential information?

Answer:

Most businesses have information (their “secret sauce,” so to speak) which is critical to their business and provides them a competitive edge in the marketplace. It is essential for businesses to take steps to protect that  confidential information.

Here are 10 suggestions to protect your Company’s confidential information:

1) Limit access to confidential information to those who have a need to know it to perform their jobs;

2) Keep hard copies of confidential information under lock and key and password protect electronic documents and e-folders that contain your confidential information;

3) Require all employees to lock their computers whenever leaving their desks and to change their login passwords periodically;

4) Use “Confidential” headers on documents that contain confidential information (such as monthly sales or commission reports, customer lists, prospect lists, etc.);

5) Require all employees to sign a non-disclosure agreement (NDA) as a condition of employment or continued employment;

6) Include a strong confidentiality policy in your employee handbook that complements the confidentiality provisions in the non-disclosure agreement, and obtain signed acknowledgment forms from all employees for your handbook;

7) Cross-reference the confidentiality policy in your disciplinary policy and/or standards of conduct and clearly state that misuse or improper disclosure of confidential information could result in disciplinary action, up to and including termination;

8) Conduct employee training to ensure employees know their roles and responsibilities with respect to the Company’s confidential information;

9) Require that any disclosure of the Company’s confidential information to third parties (such as vendors) be governed by a non-disclosure agreement. Just like an employee NDA, you should not grant access to your confidential information until after the third-party signs an NDA; and

10) Create a standardized exit process for employees that includes (a) requiring them to return all Company property, including confidential information (in any format or medium); (b) disabling all computer access email accounts, and remote cloud access to business records; and (c) allowing IT to wipe Company data from the departing employee’s personal electronic devices.

Most of these measures are fairly easy to execute. Do not wait to focus on these issues until a key employee leaves and misappropriates your Company’s confidential information. Implement these measures now and know that when an employee with in-depth knowledge of your Company’s confidential information leaves, your information is protected and you will be well-positioned to send a strong letter reminding the departing employee of their ongoing obligations.