Law School IP Essay Question: Are Defensive Football Signals Trade Secrets?
Below is the hypothetical from Eric Sinrod's CNet News Perspective Column, from Watergate to Videogate.
And though we don't think it necessary to answer the question, our U.K. readers may use Football for Dummies in responding.
A [New England] Patriots' assistant was apprehended for operating a video camera on the sidelines of the opposing team, the New York Jets, during the first game of this season. The camera contained footage of the Jets' defensive signals.
NFL rules prohibit video-recording devices in the coaches' possession both on the field or in a locker room during the course of any game. The rules also state that video for coaching reasons must emanate from places enclosed on all sides with an overhead roof.
The NFL's executive vice president for football operations has since sent a memorandum to head coaches and general managers to clarify the rules. The message was unambiguous: videotaping of any kind, including taping of an opposing team's offensive or defensive signals, is not permitted on the sidelines, in a coaches' booth, in a locker room or from any other place available to a team's staff during a game. . .
The National Football League fined Coach Bill Belichick $500,000 while the Patriots were ordered to pay $250,000. The league also ruled that the Patriots must forfeit a first-round draft choice next year if the team reaches the playoffs (which is highly likely) or second- and third-round selections if it fails to make the playoffs.
"Did justice prevail?" asks Eric. "Even more, does the result hold up as a matter of law?"
You have one hour. This is a closed book exam. Do not read Eric's trade secret analysis until you have closed your blue book or shut down your laptop.
You may begin.
