Ohio Complaint - Trade Secrets - Misappropriation by Former Employee and Prospective Purchaser - Breach of fiduciary duty
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How to fill out Complaint - Trade Secrets - Misappropriation By Former Employee And Prospective Purchaser - Breach Of Fiduciary Duty?
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FAQ
Ohio recognizes the tort of Misappropriation of Trade Secrets, which occurs when someone with a duty to maintain secrecy discloses trade secret information to a third party.
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.
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.
As used in sections 1333.61 to 1333.69 of the Revised Code, unless the context requires otherwise: (A) "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.
Use of a trade secret belonging to another does not always constitute misappropriation. There are two basic situations in which obtaining the use of a trade secret is illegal; where it is acquired through improper means, or where it involves a breach of confidence.
The three elements of misappropriation of a name or likeness are: (1) the defendant appropriated the plaintiff's name or likeness for the value associated with it; (2) the plaintiff can be identified from the defendant's publication of the name or likeness; and (3) there was some advantage or benefit to the defendant.
Breach of Fiduciary Duty Claim Failure to properly notice surviving spouse, creditors and other entitled parties. Failure to properly settle debts. Improper debt settlement. Not settling debts in the proper order as outlined by Ohio law.
This burden of proof requires the trade secret owner to demonstrate that he or she was in possession of knowledge or information that was not generally known and was valuable precisely because it was not generally known, and that the knowledge or information was subject to efforts that were reasonable under the ...