Maryland Complaint - Trade Secrets - Misappropriation by Former Employee and Prospective Purchaser - Breach of fiduciary duty
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FAQ
To establish violation of trade secret rights, the owner of a trade secret must be able to show the following: (1) Infringement by or competitive advantage gained by the person/company which has misappropriated the trade secret. (2) The owner had taken all reasonable steps to maintain it as a secret.
A violation of trade secrets occurs when another obtains or exploits the secret information using unfair methods. Breaking into a competitor's plant or bribing employees would be obvious violations.
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.
Basically, this is the Company saying, ?We think you stole some trade secrets but we have no idea what you might have taken and we have no evidence of any misappropriation.? The letter goes on to make some standard, boilerplate demands that the defendant immediately cease and desist using the trade secrets.
This doctrine holds that a third party is liable when the third party acquires a trade secret from another and then discloses or uses the secret under circumstances where he knows or should have known that the trade secret was wrongfully acquired.
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.
Companies should take at least the following steps to protect confidential and trade secret information: Establish appropriate policies relating to confidential information and intellectual property. ... Limit disclosure to those who need to know. ... Label documents. ... Establish appropriate security measures.
What qualifies as a trade secret? commercially valuable because it is secret, be known only to a limited group of persons, and. be subject to reasonable steps taken by the rightful holder of the information to keep it secret, including the use of confidentiality agreements for business partners and employees.