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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.
When to use an R with circle -- ® -- or a TM with circle
The TM with circle Tradmarked can be used at anytime in the process it’s a notice of reserving. An R with a circle federal registration symbol can only be used when the intellectual property is actully registered in the government office.
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Definition:
An inventor who is named with at least one other inventor in a patent application, wherein each inventor contributes to the conception of the invention set forth in at least one claim in a patent application.
Misappropriation
Definition:
A common-law form of unfair competition where the defendant has copied or appropriated some item or creation of the plaintiff that is not protected by either patent law, copyright law, trademark law, or any other traditional theory of exclusive rights.
Service mark
Definition:
A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.
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