Trade Secrets Flashcards

1
Q

What is a trade secret?

A

A secret method or device used by a company in manufacturing its products

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2
Q

Three element of a Trade Secret Action

A
  1. Something of value
  2. That was kept secret
  3. Was Missapropriated
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3
Q

Value

In order to have a trade secret action, you must show that…

A

something specific of commercial value was taken. Mallet

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4
Q

Keeping a trade secret requires…

A

Reasonable efforts must have been made to keep it a secret within the context of the business and the industry. Rockwell Graphic Systems

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5
Q

What group reporting to what type of entity is immune from trade secret actions?

A

Whistleblowers reporting to their attorney or the government on suspected illegal activity

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6
Q

Missapropriation means…

A

aquirement through impropper means or a breach of confindence

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7
Q

As with the airplane in El du Pont, improper means generally means…

A

Unanticipated, undetectable, or unpreventable methods

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8
Q

As with the shipping container in Smith, breach of confidence only requires that…

A

both parties know that the information was a trade secret

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9
Q

As discussed in Kadant with the fired engineer, this action is not missapropriation?

A

Reverse Engineering

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10
Q

True or False: As discussed with the listerene formula and it’s liscensing, there is a time limit on trade secrets?

A

False, there is no time limit on trade secrets and the later publicizing of a previously hidden formula does not mean that a liscense to use the formula is null

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