This form is a Complaint. Plaintiff alleges that the defendants are liable for breach of contract and breach of good faith and fair dealing. Plaintiff demands judgment against defendants and request monetary damages for the breach of contract in an amount set by the trial court.
Collin Texas Complaint regarding Breach of contract, Fair dealing, Fraud, Conversion, Accounting, Trade Secrets Act. Agreement to Merge Businesses
State:
Multi-State
County:
Collin
Control #:
US-01594
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint Regarding Breach Of Contract, Fair Dealing, Fraud, Conversion, Accounting, Trade Secrets Act. Agreement To Merge Businesses?
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FAQ
The plaintiff in a trade-secret case lawsuit must prove three facts: (1) it has some valuable business information that it has kept secret; (2) the information is not generally known; and (3) the defendant has used that secret. A defendant may attack each showing, but some attacks are better than others.
Trade secret misappropriation under Texas law is established by showing: (a) a trade secret existed; (b) the trade secret was acquired through a breach of a confidential relationship or discovered by improper means; and (c) use of the trade secret without authorization from the plaintiff.
These remedies include the imposition of an injunction, disgorgement of defendants' worldwide profits on the sale of goods and services embodying the trade secrets, the trade secret owner's past damages, imposition of an on-going royalty on future goods sold, punitive damages, and/or attorneys' fees.
Trade secret infringement is called ?misappropriation.? It occurs when someone improperly acquires a trade secret or improperly discloses or uses a trade secret without consent or with having reason to know that knowledge of the trade secret was acquired through a mistake or accident.
The trade secret owner can intentionally terminate the trade secret by publishing the information or by selling a product that makes the information clear. Someone else who learned of the information can disclose it.
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.
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.
While competitor or state-led corporate espionage and intellectual property thefts pose an ongoing danger, trade secrets today are increasingly compromised by careless or malicious employees.
Trade secrets may take a variety of forms, such as a proprietary process, instrument, pattern, design, formula, recipe, method, or practice that is not evident to others and may be used as a means to create an enterprise that offers an advantage over competitors or provides value to customers.
Like most states, California has adopted the Uniform Trade Secrets Act (UTSA). The law allows owners of trade secrets to pursue legal action and recover damages for unauthorized disclosure, misappropriation, and theft of trade secrets.
