April Fools’ Day Prank Leads To Trade Secrets Litigation

A recent federal decision from Connecticut confirms the notion that information knowingly posted on the Internet by its owner cannot constitute a protectable trade secret.  

On April 1, 2011, April Fools’ Day, a human relations consulting firm SharedXpertise allegedly disseminated by email and on its website a false statement that it had acquired its competitor LRP Publications. Kutik, a consultant for LRP, was offended. He promptly sued SharedXpertise in the Connecticut federal court and alleged unfair competition, violation of the Connecticut Unfair Trade Practices Act, and other causes of action. He claimed that as a result of the press release, potential vendors and attendees signed up for SharedXpertise’s May 2011 conference instead of LRP’s competing event scheduled for October 2011. 

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