Guam Complaint in Federal Court for Wrongful Disclosure and Use of Trade Secrets For Damages and Injunctive Relief
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How to fill out Complaint In Federal Court For Wrongful Disclosure And Use Of Trade Secrets For Damages And Injunctive Relief?
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FAQ
Trade secret misappropriation occurs when a trade secret has been wrongfully taken or disclosed without consent. A trade secret is defined as information (1) that derives independent economic value from not being generally known, and (2) which has been the subject of reasonable efforts to be kept a secret.
C. Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use. "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
The leaking of a trade secret could potentially lead to the information becoming public or no longer being protected. Depending on how central the secret is to a company's operations, the disclosure of a trade secret could threaten the viability or existence of a company.
Breaches of non-disclosure agreements, industrial espionage, theft, fraud, and bribery are all improper means of acquiring a trade secret. For example, if you hack into a company's computer and copy the files, this act of acquiring the secrets improperly is misappropriation.
Misappropriation occurs when a trade secret is improperly acquired or disclosed. If a person or entity discloses or publishes a trade secret while knowing it was improperly obtained, or by inducing someone to improperly obtain it, misappropriation exists.
For example, information that is not generally known by the public but is known by different manufacturers in the same industry likely does not qualify as a trade secret. Material that is ascertainable through public sources generally does not derive independent economic value justifying trade secret protection.
Damages Under the California Uniform Trade Secrets Act and the Federal Trade Secrets Act. Both the DTSA and CUSTA provide for three types of damages: actual loss, unjust enrichment, and a reasonable royalty.
Misappropriation of a trade secret includes industrial or commercial espionage, breach of contract and breach of confidence, electronic surveillance, trespass, bribery, and fraud. It does not include "reverse engineering", where a company purchases a product and finds out how it works by laboratory analysis.