are advertising materials a trade secret
A trade secret is the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, improvement, confidential business or financial information, listing of names, addresses, or telephone numbers, or other information relating to any business or profession. Broadly speaking, any confidential business information which provides an enterprise a competitive edge may be considered a trade secret. 1982). When the employee or former employee breaches that duty, he or she is liable for misappropriation. 3. Third party liability 1. Where third parties acquire trade secret information, with knowledge or reason to know that it was acquired by improper means, the third parties also are liable for misappropriation. . . if the holder of the trade secret reveals the trade secret to another ˜in confidence. . . .˜˜ Kewanee Oil Co., 416 U.S. at 475. Furthermore, ˜[a]n agreement not to disclose confidential information is an acknowledgment that the information is a trade secret.˜ In re S & D Foods, Inc., 144 B.R. 121, 168 (Bankr. While a final determination of what information constitutes a trade secret will depend on the circumstances of each individual case, clearly unfair practices in respect of secret information include industrial or commercial espionage, breach of contract and breach of confidence. Trade secrets often comprise customer lists and other sensitive marketing information. Other specific items that may be trade secrets include: 1  biological inventions (unpatented). 2  chemical inventions (unpatented). 3  computer hardware. 4  computer software. 5  cosmetics. 6  electrical inventions (unpatented). 7  electronic inventions (unpatented). Depending on the legal system, the protection of trade secrets forms part of the general concept of protection against unfair competition or is based on specific provisions or case law on the protection of confidential information. The subject matter of trade secrets is usually defined in broad terms and includes sales methods, distribution methods, consumer profiles, advertising strategies, lists of suppliers and clients, and manufacturing processes. ˜If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney fees to the prevailing party.˜ C. R. S. ˜ 7-74-105. 5. Theft of trade secrets 1. Theft of a trade secret is a class 1 misdemeanor. 2. Private right of action. C.R.S. ˜ 18-4-405 provides: ˜The owner [of property obtained by theft] may maintain an action not only against the taker thereof but also against any person in whose possession he finds the property.
Yes