![]() ![]() Accordingly, the trial court denied the injunction. The trial court noted that Dairy posted screen shots of its software on its own website that included placeholders for data input, such that the software could be reverse engineered. The trial court held that Dairy had not shown any reasonable measures were in place to protect its trade secret. The methods in Dairy’s payroll software enabled its clients to maximize benefits related to milk prices paid to dairy producers by milk handlers. Milk Movement Inc., the plaintiff, Dairy, LLC (“Dairy”), sought a preliminary injunction to prevent the defendant, Milk Movement Inc., from using secret methods used in Dairy’s payroll software. As a result, whether measures are “reasonable” significantly depends on the nature of the trade secret at issue. There is no specific guidance on what constitutes “reasonable measures” that an owner must take to keep their trade secrets safe. The Defend Trade Secrets Act of 2016 (“DTSA”), which amends the Economic Espionage Act of 1996, defines a “trade secret” to include “all forms and types of financial, business, scientific, technical, economic, or engineering information.” However, the DTSA requires that: (1) the owner takes “reasonable measures to keep such information secret ” and (2) “the information derives independent economic value, actual or potential, from” its secrecy. ![]() Owners of a trade secret have a federal cause of action against an individual or company that misappropriates their trade secret “if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce.” 18 U.S.C. By Woli Urbe, Colin Jennings and Benjamin Glassman on JPosted in Economic sanctions, Intellectual Property, Technology, United StatesĪs we discussed in a previous article, companies can be at risk from internal and external sources of industrial espionage, in an attempt to gain an unfair competitive advantage or disrupt operations. ![]()
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