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The article discusses the split of authority over the extent to which an action under the Uniform Trade Secrets Act (UTSA) preempts other claims based on misappropriation of confidential information. This was recognized by the U.S. District Court for the District of Utah in its decision in the case ClearOne Comms., Inc. v. Chiang. The court decision highlighted the inconsistency of application of the UTSA preemption clause and its implications for trade secret misappropriation actions.

The article reports on the decision of the U.S. District Court on July 14, 2008 in favor of eBay in its four-year litigation with Tiffany for the sale of counterfeit products of the latter at eBay's Web site. Even if both parties were aware of the counterfeit products, it was not noted enough reason to impose the withdrawal of said listings. The decision reportedly makes it clear that there is no assurance with online market Web sites to drive out potential infringement, the court held that trademark owners are responsible to police its mark, not eBay's.