Friday, January 20, 2012, 1/20/2012 02:15:00 PM

Snooki Without Makeup - A Lost Trade Secret of "The Jersey Shore"

By Todd

It's Friday at Womble Trade Secrets and we're going to try a new argument on you before the weekend.

A trade secret is generally defined as information that (i) derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and
(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Fans of MTV apparently love this show "The Jersey Shore." We've never seen it, but we are students of the law and do our research and we know that the particular looks of the actors on this show is part of its commercial allure and value. Perhaps the most infamous star on that show is Nicole "Snooki" Polizzi. She prevails upon the shows fans with her ironic beauty - and allegedly her bad behavior. In one reported episode, she acknowledged this ironic allure while throwing a drink on a bouncer at a bar, as one witness reported: "While she threw the drink at him she yelled, 'I'm a f**king star, beautiful enough to do what I want.""

What does this have to do with trade secrets? Well, a picture of Snooki has been published WITHOUT HER MAKE-UP. She doesn't look like the made-up Snooki, with all that ironic, ahem, big-hair beauty. It made us recall the days when Gene Simmons and the other members of the rock-band KISS took off their make-up. They made a decision that the trade secret had run its course - and that it was valuable for their fans to see what they really looked like. But maybe, our thinking goes, the producers of "The Jersey Shore" don't want the fans to see what Snooki looks like without her caked-on tan, big eyelashes and mascara spray-painted to create the Snooki look that is known and loved.

Has she just sold MTV's trade secret down the river? We're not pre-judging this one but we'll let the pictures speak for themselves and let you decide. Happy Friday.


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