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Intellectual Property News
Man Pleads Guilty To Stealing Trade Secrets From Hedge Funds
Michael J. Garcia, the United States Attorney for the Southern District of New York, announced today that Ira S. Chilowitz, 44, pleaded guilty yesterday in Manhattan federal court to charges relating to the theft, from Chilowitz’s former employer, Morgan Stanley & Co. ("Morgan Stanley"), of proprietary information regarding hedge funds. According to the felony Information to which Chilowitz pleaded guilty, statements made at his plea, and other documents publicly filed in this case:
Morgan Stanley’s Prime Brokerage Division provides financial and administrative services to numerous hedge funds. As a consultant to Morgan Stanley in its Information Technology Department, Chilowitz was responsible for establishing secure computer connections between Morgan Stanley and its Prime Brokerage clients. In this position, Chilowitz had access to numerous confidential and proprietary documents belonging to Morgan Stanley, including a list of all of Morgan’s Prime Brokerage hedge fund clients (the "Client Rate List") and the formulas used to calculate rates paid by clients to Morgan for certain prime brokerage services. Data in the Client Rate List is not generally known to the public and is valuable to competitors of Morgan.
From about December 2005 until about February 2006,Chilowitz conspired with another individual ("CC-1") -- who was a former Morgan Stanley client service representative -- to misappropriate the Client Rate List and to transmit it, via e-mail, to CC-1. CHILOWITZ admitted in Court during his guilty plea that he took the confidential and proprietary information from Morgan Stanley because it would potentially assist him and CC-1 in generating business for a consulting firm they had planned to form.Read more at cybercrime.gov.
There are common law rights
Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration.
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Is a violation of a strong trademark in which the defendant's use, while not causing likelihood of confusion, blurs the distinctiveness or tarnishes the image of the plaintiff's mark.
Publication
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The distribution of copies or phonorecords of a work to the public.
Patent Pending
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A phrase that often appears on manufactured items. It means that someone has applied for a patent on an invention that is contained in the manufactured item.
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