Trade Secret Policy

TRADE SECRET POLICY

Mixma Studio LLC

Effective Date: April 14, 2024
Last Updated: December 17, 2024

This Trade Secret Policy (“Policy”) sets forth the terms governing the protection, use, and enforcement of trade secrets owned or controlled by Mixma Studio LLC, Christopher Carlyle Kinlaw, and affiliated MIXMA entities, domestic and international (collectively, “Mixma”).

1. DEFINITION OF TRADE SECRETS

For purposes of this Policy, “Trade Secrets” include, without limitation, all non-public, proprietary, and confidential information owned or controlled by Mixma, whether disclosed or undisclosed, tangible or intangible, including but not limited to:

Proprietary glazed lava stone manufacturing techniques, processes, and workflows
Material formulations, surface treatments, firing methods, and finishing systems
Design methodologies, fabrication protocols, and production techniques
Technical specifications, schematics, prototypes, samples, and experimental data
Supplier, manufacturing, and sourcing information
Pricing structures, cost data, margins, and operational strategies
Any other information that derives independent economic value from not being generally known and is subject to reasonable efforts to maintain its secrecy

All such information constitutes protected trade secrets under U.S. federal law (including the Defend Trade Secrets Act, 18 U.S.C. § 1836), applicable state trade secret statutes, and relevant international law.

2. OWNERSHIP AND CONFIDENTIALITY

All Trade Secrets are and shall remain the exclusive property of Mixma. Nothing in this Policy or on the Mixma website shall be construed as granting any license, ownership interest, or right—express or implied—to any Trade Secret.

Trade Secrets are disclosed, if at all, solely for limited, authorized purposes and remain confidential at all times. Any disclosure does not waive trade secret protection.

3. PROHIBITED CONDUCT

The following actions are strictly prohibited and will be treated as willful misappropriation:

Copying, replicating, or attempting to replicate any proprietary glazed lava stone process
Reverse engineering, deconstructing, analyzing, or testing materials or surfaces for the purpose of imitation
Using Mixma Trade Secrets to develop competing or derivative products or processes
Disclosing, sharing, publishing, or transmitting Trade Secrets without authorization
Acquiring Trade Secrets through improper means, including misrepresentation, surveillance, scraping, or breach of confidence
Assisting or enabling third parties to engage in any of the foregoing conduct

Intent is not required. Unauthorized use alone constitutes misappropriation.

4. NO AUTHORIZED USE WITHOUT WRITTEN AGREEMENT

No individual or entity is authorized to access, use, or rely upon Mixma Trade Secrets absent a separate, written agreement executed by Mixma expressly permitting such use. Informal discussions, visual exposure, or access to finished products do not confer rights of use or replication.

5. ENFORCEMENT AND REMEDIES

Mixma actively enforces its trade secret rights. Prior and ongoing acts of misappropriation have resulted in litigation in the United States, including Christopher Carlyle Kinlaw v. Ian Felton, Ian Felton Studio, Index No. 656462/2025 (New York Supreme Court), and future violations will be pursued aggressively.

Available remedies include, without limitation:

Immediate injunctive relief in U.S. federal court
Seizure, impoundment, and destruction of misappropriated materials
Actual damages, unjust enrichment, and exemplary damages
Recovery of attorneys’ fees and costs
All remedies available at law and in equity, including those under the Defend Trade Secrets Act

Mixma reserves the right to seek relief without prior notice and without the necessity of posting bond.

6. NO WAIVER

Failure by Mixma to enforce any provision of this Policy shall not constitute a waiver of its rights. All rights are expressly reserved.

7. GOVERNING LAW AND JURISDICTION

This Policy shall be governed by and construed in accordance with the laws of the State of New York and applicable U.S. federal law, without regard to conflict-of-law principles. Mixma reserves the right to bring enforcement actions in U.S. federal court or any court of competent jurisdiction.