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Definition Of Trade Secret Under Texas Law In San Jose
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San Jose
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US-000289
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In general, a trade secret has three parts: (1) information (2) economic value from not being generally known by others, and (3) reasonable efforts have been taken to protect the trade secret.
The Restatement of Torts defines a trade secret as business information that provides a competitive advantage to those who are not aware of it or not using it. Examples include chemical compounds, customer lists, manufacturing processes, formulas, and patterns.
A trade secret is economically valuable information that is not generally known, has value to those who cannot legitimately obtain it, and has been subject to reasonable efforts to keep it secret.
Trade secrets encompass both technical information, such as information concerning manufacturing processes, pharmaceutical test data, designs and drawings of computer programs, and commercial information, such as distribution methods, list of suppliers and clients, and advertising strategies.
Texas courts have largely adopted the definition of trade secret from Section 757 of the Restatement of Torts: "A trade secret consists of a formula, process, device, or compilation which one uses in his business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it." The ...
Recipes. One type of trade secret that companies can protect is recipes. Companies from KFC to McDonald's to Heinz ketchup have closely guarded recipes for their beloved foods and sauces.
A patent would have only provided a 20-year monopoly, so Coca-Cola decided to safeguard the formula as a trade secret to secure the company's long-term growth. To this day, the formula remains a closely guarded trade secret in a vault in the U.S.
Ing to the UTSA, a trade secret is information that can include a wide range of data, such as formulas, patterns, compilations, programs, devices, methods, techniques, or processes. To qualify as a trade secret, this information is valuable because of secrecy and it is protected by efforts to maintain secrecy.