In July 2025, Ohio-based air freight startup TuffAir filed a trade lawsuit against Amazon for misappropriation of trade secrets under the Defend Trade Secrets Act (DTSA). The case raises key questions about how startups can protect confidential business information when negotiating with large corporations.
The trade secret case in brief
TuffAir claims Amazon used confidential data and proprietary business intelligence shared during partnership discussions to develop a competing regional air cargo network. The lawsuit alleges that Amazon built a “copycat operation,” relying on TuffAir’s confidential information without authorization or compensation.
A partnership gone wrong
Founded by Carl Warren, TuffAir specializes in regional air freight logistics through optimized routing strategies, regulatory compliance tools, and predictive forecasting.
In 2024, Amazon initiated discussions with TuffAir to explore a potential collaboration to enhance Amazon’s air cargo operations. Believing the talks were legitimate, TuffAir shared highly sensitive materials including cost-saving models, network designs, and proprietary forecasts. These details were provided under an understanding of confidentiality.
According to TuffAir, Amazon was already developing an internal program that closely mirrored TuffAir’s methods. Soon after ending discussions, Amazon launched its own regional air freight initiative that TuffAir claims reflects its confidential strategies.
Key legal allegations
TuffAir’s lawsuit includes several claims under federal and state trade secret laws, focusing on four central allegations:
Trade secret misappropriation: Amazon allegedly used TuffAir’s proprietary forecasts and routing strategies to construct a competing network.
Fraudulent inducement: Amazon is accused of pretending to pursue a partnership to gain access to trade secrets under false pretenses.
Breach of implied contract: TuffAir asserts that Amazon violated an implied duty of confidentiality during negotiations.
Unjust enrichment: TuffAir seeks recovery of the profits Amazon earned through the alleged misuse of its confidential innovations.
The complaint claims Amazon’s failure to disclose its competing plans “enabled it to obtain confidential business intelligence without paying for it,” causing major losses for the Ohio-based startup.
寻求救济
TuffAir is seeking three main forms of relief:
- Injunctive relief to prevent Amazon from using, disclosing, or retaining TuffAir’s trade secrets and to require the destruction or return of related data.
- Declaratory judgment confirming that Amazon violated TuffAir’s intellectual property rights.
- Monetary damages including compensation for lost profits, punitive damages, and unjust enrichment.
Current status of the trade secret lawsuit
The lawsuit was recently filed on July 1, 2025, and as of October 2025, remains active in the U.S. District Court for the Northern District of Ohio. Amazon has not filed their response or issued a public statement, and no rulings have been made.
TuffAir’s founder, Carl Warren, has characterized the case as a warning to startups negotiating with major technology firms: “You have to assume every conversation is due diligence and protect your intellectual property accordingly.”
Why this case matters
The TuffAir v. Amazon case highlights the rising wave of trade secret litigation under the Defend Trade Secrets Act (DTSA), particularly involving technology giants, emerging startups, and intellectual property disputes tied to confidential business information. It underscores the importance of strong confidentiality agreements, data governance, and trade secret protection strategies that clearly define ownership and track the flow of proprietary information during partnership negotiations and due diligence processes.
Without robust trade secret management systems, documentation practices, and IP compliance controls, startups risk losing their competitive advantage, market position, and innovation value long before they recognize the exposure.
Protect Your Trade Secrets with Tangibly
The TuffAir case is a reminder that even good-faith discussions can result in the loss of valuable intellectual property if protections are not clearly documented. Tangibly empowers companies to identify, manage, and enforce their trade secrets through an AI-powered platform that provides a verifiable record of ownership and reasonable measures.
By giving legal teams and innovators clear visibility into their confidential information, Tangibly ensures that trade secrets remain protected and enforceable — from partnership negotiations to litigation readiness.
Protect your innovations during partnerships. Schedule a meeting with Tangibly.
