How does a court determine that something is actually a trade secret?

Just because a competitor says that its information is a trade secret doesn't necessarily make it so. In determining whether a trade secret exists, courts generally weigh the following factors:
  1. the extent to which the information is known outside the claimant's business;
  2. the extent to which it is known by employees and others involved in the claimant's business;
  3. the extent of measures taken by the claimant to guard the secrecy of the information;
  4. the value of the information;
  5. the amount of effort or money expended by the claimant in developing the information; and
  6. the ease or difficulty with which the information could be properly acquired or duplicated by others.

Last update on September 28, 2009 by Administrator.

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