Case Problem Analysis 08.1: Trade Secrets

2. Research plans, pricing information, marketing methods, production techniques, and development ideas ___________ possible examples of trade secrets.

Are

1. A trade secret is typically information that contains __________ value.

Commercial

11. The use of Dicks' customer list by the Jensens likely _______ constitute a breach of duty owed to the other party.

Does Not

4. Does information have to be registered or filed with a government agency in order to receive trade secret protection?

No

6. Was Dicks' customer list confidential?

No

9. Did the Jensens break into Dicks' computer or lockbox in order to obtain the customer list?

No

12. Therefore, the Jensens are probably __________ to Dicks for violation of trade secret law.

Not Liable

3. ____________ copyright and trademark protection, protection of trade secrets _________ to both ideas and their expression.

Unlike, Extends

10. As a result, Dicks' customer list likely _________ a secret discovered by improper means.

Was Not

5. Can a customer list potentially be a trade secret?

Yes

7. Was the customer list openly available to employees?

Yes

8. Were the names of the tour group customers openly available to other customers and the public?

Yes

James Dicks (Dicks) is the longtime owner of the Lodge at Mount Snow (Lodge) in Dover, Vermont. Dicks hired Cary and Brenda Jensen (the Jensens) to manage and run a bus tour business at the Lodge. During their employment, the Jensens ran most aspects of the Lodge's business and were responsible for soliciting and organizing the tours. Names of tour group attendees were posted on a large reservation board publicly available to customers and employees. The customer list was also not locked away and readily accessible by all employees. Six years after their hiring, the Jensens left to open their own competing establishment. The Jensens solicited business from the Lodge's regular customers and booked most of their own tours with individuals who cancelled their reservations at the Lodge and booked with the Jensens. Dicks sued the Jensens claiming that the Jensens violated trade secret law by misappropriating the Dicks' customer list for their own benefit.

n/a