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Category: Intellectual Property

Are Nevada Common Law Trade Secret Claims “Displaced” by the Uniform Trade Secret Act?

Posted on January 9, 2024February 3, 2024 By Jay Young No Comments on Are Nevada Common Law Trade Secret Claims “Displaced” by the Uniform Trade Secret Act?

A majority of courts have held that all common law claims which might otherwise be made against an employee who uses his employer’s confidential information are abrogated when the legislature enacts the Uniform Trade Secret Act.  Nevada has codified both the Nevada Uniform Trade Secret Act (“NUTSA”), and the idea that common law claims are…

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Intellectual Property, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

What is Trade Name Dilution in Nevada?

Posted on August 24, 2020February 3, 2024 By Jay Young No Comments on What is Trade Name Dilution in Nevada?

Under Nevada law “the owner of a mark that is famous in this State may bring an action to enjoin commercial use of the mark by a person if such use: (a) Begins after the mark has become famous; and (b) Causes dilution of the mark.”  NRS 600.435.  See also Mattel, Inc. v. MCA Records, Inc., 296…

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Business Law, Intellectual Property, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

What is a Trade Secret in Nevada?

Posted on August 19, 2020 By Jay Young No Comments on What is a Trade Secret in Nevada?

The Nevada Uniform Trade Secrets Act (“NUTSA”) defines exactly what is considered as protected confidential information in Nevada Revised Statutes 600A.030: 5. “Trade secret” means information, including, without limitation, a formula, pattern, compilation, program, device, method, technique, product, system, process, design, prototype, procedure, computer programming instruction or code that: (a)  Derives independent economic value, actual…

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Intellectual Property, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Employees and Trade Secrets in Nevada

Posted on August 5, 2020January 9, 2024 By Jay Young No Comments on Employees and Trade Secrets in Nevada

Even without a non-disclosure agreement, confidential information obtained by an employee during employment by reason of his or her position cannot be used or disclosed to the detriment of the employer.  “An employee is obligated not to reveal employer’s confidential information during employment and after termination of employment.”[1]  Nevada codified the Uniform Trade Secret Act…

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Intellectual Property, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Misappropriation of Trade Secrets in Nevada

Posted on August 4, 2017 By Jay Young No Comments on Misappropriation of Trade Secrets in Nevada

How Does a Party Prosecute an Action for Misappropriation of Trade Secrets? NRS 600A.030(2) defines “misappropriation” as: (a) Acquisition of the trade secret of another by a person by improper means; (b) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired…

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Business Law, Corporate Governance, Employment Law, Intellectual Property, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Want to Better Control Your Arbitrations? 10 Steps to Writing a Better Arbitration Agreement.

Posted on May 4, 2016February 12, 2025 By Jay Young No Comments on Want to Better Control Your Arbitrations? 10 Steps to Writing a Better Arbitration Agreement.

Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee.  Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge…

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Arbitration Arbitrator, Business Law, Corporate Governance, Employment Law, Estate Planning, Franchise Law, Intellectual Property, Litigation, Mediation Mediator

Elements for a Claim of Misappropriation of Trade Secrets in Nevada

Posted on November 26, 2015January 9, 2024 By Jay Young No Comments on Elements for a Claim of Misappropriation of Trade Secrets in Nevada

VIOLATION OF THE UNIFORM TRADE SECRETS ACT NRS CHAPTER 600A In Nevada, the elements for a claim of misappropriation of trade secrets or violation of the uniform trade secrets act (known as the Nevada Trade Secrets Act or “NUTSA”) are: Plaintiff possesses a viable trade secret as part of its business, including but not limited…

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Business Law, Franchise Law, Intellectual Property, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

The Upside of Federal Trademark Registration

Posted on November 4, 2015January 9, 2024 By Jay Young No Comments on The Upside of Federal Trademark Registration

I have seen it many times.  A company grows from the kitchen table to a storefront and builds a successful enterprise.  The owner sweats and toils for years to build brand awareness and goodwill.  Things are finally gaining momentum for the once struggling business and they feel they are about to “make it”.  Then they…

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Business Law, Corporate Governance, Intellectual Property, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

Elements for a Claim of Trademark Infringement

Posted on July 20, 2015January 9, 2024 By Jay Young No Comments on Elements for a Claim of Trademark Infringement

11071126154_db6bcd405a_bIn Nevada, the elements for a claim trademark infringement are:

  1. Plaintiff has a valid, protectable symbol or name described as:______ (the “Mark”);
  2. Plaintiff owns the Mark as a trademark;
  3. Defendant used the Mark in commerce in connection with the sale or advertising of goods or services without the consent of the plaintiff in a manner that is likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the goods; and
  4. Causation and damages.

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Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
Jay Young

Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee.  Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com

Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.

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Business Law, Employment Law, Franchise Law, Intellectual Property, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Elements for a Claim of Breach of a Fiduciary Duty

Posted on June 25, 2015January 9, 2024 By Jay Young No Comments on Elements for a Claim of Breach of a Fiduciary Duty

In Nevada, the elements for a claim of breach of fiduciary duty are: A fiduciary relationship exists between two persons such that one of them is under a duty to act for or give advice for the benefit of another upon matters within the scope of that relationship; Failure of the party owing the duty…

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Business Law, Employment Law, Estate Planning, Franchise Law, Intellectual Property, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

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