Trade Secret Misappropriation in the Context of McDonald's Ice Cream Machine Drama
In this episode I explain the unfolding drama pertaining to the notoriously unreliable ice cream machines at McDonald's restaurants and the lawsuit recently filed by Kytch, a company that developed technology aimed at solving these ice cream problems.
LINKS:
Episode's blog post: https://www.keith.law/trade-secret/mcdonalds-ice-cream-machine-drama/
Podcast Website: https://www.keith.law/category/podcast/
Firm Website: https://www.keith.law/
Calendly page to schedule a call: https://calendly.com/keithlawpllc/20minute
LinkedIn profile: https://www.linkedin.com/in/jason-keith-0736a931/
The Wired article: https://www.wired.com/story/they-hacked-mcdonalds-ice-cream-makers-started-cold-war/?fbclid=IwAR25i2srFysSg5sDHMSOuatD_rmWdLAJmKVziEz2pySRa1y0f0wjuwSDWDY
An applicable Techdirt article: https://www.techdirt.com/articles/20210420/19062946646/captive-markets-are-just-hostages-why-your-mcdonalds-never-seems-to-have-functioning-shake-machine.shtml
An applicable Eat This, Not That article: https://www.eatthis.com/news-mcdonalds-soft-serve-machines/
Episode 1 of the Security Ledger podcast with Kytch co-founder, Jeremy O'Sullivan: https://securityledger.com/2021/05/episode-215-1-jeremy-osullivan-of-kytch-on-the-tech-serving-mcdonalds-ice-cream-monopoly/
Episode 2 of the Security Ledger podcast with Kytch co-founder, Jeremy O'Sullivan: https://securityledger.com/2021/06/episode-215-2-leave-the-gun-take-the-mcflurry/
Kytch's lawsuit: https://securityledger.com/wp-content/uploads/2021/06/20210510-complaint-kytch-v-tyler-gamble-tfgroup-llc-and-taylor-company.pdf
Kytch's home page: https://kytch.com/landing
Kytch's terms of service: https://kytch.com/tos
McDonald's master franchise agreement available on SEC.gov: https://www.sec.gov/Archives/edgar/data/1508478/000119312511077213/dex101.htm
Wikipedia article on Taylor: https://en.wikipedia.org/wiki/Taylor_Company
TIMESTAMPS:
00:00 — Unreliable McDonald's Ice Cream Machine Lawsuit
00:08 — Intro
00:32 — Recent misappropriation of trade secret lawsuit related to unreliable McDonald's ice cream machines, and the company that tried to fix the problem
01:30 — Outline of the episode
01:45 — Factual background - a listener asked about this issue after listening to the misappropriation of trade secrets Keith Law, PLLC Podcast episode.
02:35 — Factual context for the lawsuit
06:05 — The "tangled web of contracts" in this situation
06:49 — The agreements between McDonald's and Taylor
08:38 — The McDonald's Master Franchise Agreement with its franchisees
09:59 — The Kytch contract with McDonald's franchisees using Kytch technology
10:52 — Kytch's lawsuit
11:20 — Breach of contract, the cause of action elements and allegations
12:13 — Tortious interference with contract, the cause of action elements and allegations
13:32 — Misappropriation of trade secrets, and the and allegations
14:35 — The court's docket for this lawsuit
15:10 — I'm looking forward to seeing the answers to the complaint
15:25 — McDonald's has not been made a party to the lawsuit, and speculation as to why
16:00 — Let me know if you're interested in my digging deeper into this situation
16:55 — How NDAs and confidentiality agreements work in practice
18:00 — Thank you for listening and letting me know your questions
18:30 — Outro
Disclaimer: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.
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