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Trade Secret Litigation
Formula :: Pattern :: Device :: Compilation
Proprietary :: Misappropriation
In general, a trade secret is any formula, pattern, device, or compilation of information ("proprietary information") used in a business or trade that give s the holder of the information a competitive advantage over those who do not know or use it and that is in fact a secret.
Proprietary information can be a formula or chemical ingredients, business methods, computer programs, customer lists and information, machines, know-how, manufacturing processes and procedures, pricing data and a myriad of other things.
Some examples of non-proprietary information may include abstract ideas, methodologies, general skills and information in the public domain.
When someone other than the owner of the trade secret uses the trade secret by breaching a confidence or confidential relationship, acquires a trade secret by improper means or after acquiring the trade secret with notice that the disclosure was improper the owner of the trade secret may be able to bring a lawsuit for trade secret misappropriation.
In general terms, in order to sue for trade secret misappropriation, a party must own a trade secret. And, if there is a trade seceret, usually a party can sue for trade secret misappropriation when the party (owner) can show (generally):
- the party (owner) owned a trade secret
- another party used or disclosed the trade secret
- in violation of a confidence or confidential relationship
- acquires a trade secret by improper means, or
- after acquiring the trade secret with notice that the disclosure was improper
- the party (owner) suffered injury
Trade secrets can be simple or complex, and must be guarded to avoid misappropriation.
Please navigate to the links below to find more information on a variety of topics and what you can do to protect your legal rights or contact us.
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