Entertainment Litigation Update

Leaking the Secrets of Survivor: “Outwit, outplay and outlast” is the tagline to the popular CBS reality series, Survivor. That phrase could apply equally to both the rabid online forum in which the show’s fans attempt to “spoil” the plot twists and secrets of the show and to the show’s producer, who has attempted to thwart the spoilers. In 2010, DJB Inc., a company owned by Survivor executive producer Mark Burnett, filed a federal suit against James Early for violating trade secret laws by disseminating online spoilers for Survivor’s 19th and 20th seasons.

California law defines a “trade secret” as information which “derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use.” Cal. Civ. Code § 3426.1(d). Typically, trade secret law has been used to protect company secrets that would be valuable to a competitor. Here, DJB has used trade secret law in a novel manner: it alleges that the production releases information to the public on a periodic basis, but that to protect the value of the business, information concerning what will be released must be kept secret until its scheduled release date.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Quinn Emanuel Urquhart & Sullivan, LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.