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
  1. he discovered the secret by improper means, or
  2. his disclosure or use constitutes a breach of confidence reposed in him by the other in disclosing the secret to him, or
  3. 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
  4. he learned the secret with notice of the facts that it was a secret and that its disclosure was made to him by mistake.
RESTATEMENT OF TORTS § 757 (1939).

Last update on October 29, 2009 by Administrator.

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