Legal Question in Intellectual Property in California

Re: Document security classifications

Labels are really of minimal importance. What is important is the actual safeguards practiced for the confidential information. A label of "memorize and destroy -- top secret" is worthless if such documents are routinely passed around to customers by e-mail; likewise, something as basic as "important stuff - protect this" would get the point across and satisfy the notice aspect of confidentiality, and would be effective if coupled with diligent efforts to prevent distribution to the public and enforcement of confidentiality by agreement with third-party recipients....

By the way, four levels of security is probably an unnecessary complexity. Such gradations are without legal significance -- either something is confidential and proprietary, or it isn't.

Re: Document security classifications

Unless this is military secrets, in which case the Government tells you what marking to use, the marking needs only a single legend. "Confidential" or "Proprietary" are the usual legends, with my preference being for the latter since CONFIDENTIAL can cause confusion with the military classification of the same name.

Look at the following web page for how to handle confidential information http://www.members.tripod.com/burdicklawfirm/hconfinf.htm.

If you still want five levels, one client of mine uses these:

RESTRICTED - EYES ONLY (read and destroy)

RESTRICTED - ADDRESSEE ONLY (do not copy or forward)

CORPORATE CONFIDENTIAL (no disclosure outside company)

CONFIDENTIAL (disclosure outside company only by written agreement)

PROPRIETARY (disclosed outside company but still claimed as trade secret)

However, there is no magic to the labels...protective acts not words are what is important with trade secrets.