Commercial Law International

By: Ainsley Brown

When it comes to the hype around a new product no body does it better than Apple. In fact you could even say that Apple has made the hype surrounding a new product a large part of its advertising and marketing campaign.

However, the key to such marketing is maintaining such levels of secrecy that would make the CIA proud. This same approach was taken with all its “i” products – the iPod, the iPhone and now the iPad. With the importance of secrecy such high levels of secrecy it’s only a matter of time before the lawyers get involved.

And yes, they did get involved.

In the lead up the release of the iPad this week, Apple’s lawyers Orrick, Herrington & Sutcliffe LLP sent out a stern warning letter to a website that offered a cash bounty to any one that could produce pictures of the then unnamed iPad. The Silicon Valley gossip website, Valleywag received the warning after it offered $10,000 for a photo, $20,000 for a video and $50,000 for a video with Apple co-founder/CEO Steve Jobs holding the iPad.

Now if this was simply a joke by Valleywag, and I don’t know if it was or wasn’t, Apple and their lawyers certainly weren’t laughing. In the letter to Valleywag, Orrick, Herrington & Sutcliffe warned: “While Apple values and appreciate vibrant public commentary about its products, we believe you and your company crossed the line by offering a bounty for the theft of Apple’s trade secrets. Such an offer is illegal and Apple insists that you immediately discontinue the Scavenger Hunt.”

There is no word of if Valleywag was moved by the warning but it is important to note that the iPad was released without incident to the joy of Apple.

By: Ainsley Brown

A 47 year old former engineer from the Ford Motor Company has been charged with stealing some of the company’s trade secrets.

The engineer, a one Xiang Dong Yu, also known as Mike Yu, was charged last week after traveling from China to the US. Mr. Yu is accused of unauthorized computer access; theft, and attempted theft of trade secrets.

But what exactly is he accused of steeling?

It is alleged that he copied thousands of electronic documents containing designs for power systems, mirrors, doors, steering wheel assembles, wipers and other vehicle components. Authorities, say that much of what Mr. Yu is accused of doing occurred in December 2006, just before he quit to take up a post with a Chinese competitor.

If found guilty Mr. Yu could face a maximum sentence of 10 years in person.