When is a person liable for disclosure or use of another's trade secret?
One who discloses or uses another's trade secret, without a privilege to do so, is liable to the other if
- he discovered the secret by improper means, or
- his disclosure or use constitutes a breach of confidence reposed in him by the other in disclosing the secret to him, or
- he learned the secret from a third person with notice of the facts that it was a secret and that the third person discovered it by improper means or that the third person's disclosure of it was otherwise a breach of his duty to the other, or
- he learned the secret with notice of the facts that it was a secret and that its disclosure was made to him by mistake.