Trade Secret in the United States

In Plain-English Law

Trade Secret as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455): In most states, a formula, pattern, physical device, idea, process, compilation of information, or other information that provides a business with a competitive advantage, and that is treated in a way that can reasonably be expected to prevent the public or competitors from learning about it.

Legal Materials

The Trade Secrets Homepage tries to be “a comprehensive site of trade secret law and information.”

The BNA Corporate Practice Series includes a pamphlet called Trade Secrets: Protection and Remedies (No. 43). BNA also publishes Trade Secrets: A State-by-State Survey.

The leading treatise on U.S. trade secret law is Milgrim on Trade Secrets. For other countries, Trade Secrets Throughout the World (West) explains the trade secrets laws of 30 foreign countries, plus the U.S. For more information, search recent law review articles and the Internet.

Most states have adopted some version of the Uniform Trade Secrets Act. The Legal Information Institute posts a chart showing where you can find those laws in each state’s statutory code.

The Practical Law Company (bought by West) provides a summary of the trade secret laws for many states (subscription only).

Abandonment of a Trade Secret

This section discusses generally the subject of Abandonment of a Trade Secret, how to determine the facts essential to Abandonment of a Trade Secret, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.

Resources

See Also

• Trademarks

Copyrights
Patents – U.S.
Foreign Patents

Further Reading (Articles)

Trade Secrets, the First Amendment, and Patent Law: A Collision on the Information Superhighway, Stanford Journal of Law, Business & Finance; October 1, 2004; Park, Daniel W.

Trade Secrets: The Silent Tools of Success, New Jersey Business; June 1, 2007; Saliba, George N

Trade Secrets As Collateral: A United States Perspective., Mondaq Business Briefing; February 25, 2008

Trade secrets 101: there are advantages to protecting intellectual property by keeping it under wraps. But there are some things you just can’t keep from getting out., Mechanical Engineering-CIME; October 1, 2008; Teska, Kirk

Trade Secrets: What Your Company Needs to Know.(Reprint), Mondaq Business Briefing; November 24, 2004

Trade Secrets: What Your Company Needs To Know., Mondaq Business Briefing; January 23, 2004

Trade Secrets And Former Employees: Memorized Client Lists Can Still Be Protected As A Secret.(Ohio. Supreme Court), Mondaq Business Briefing; March 7, 2008

Trade secrets outweigh free speech, California’s high court says, AP Worldstream; August 25, 2003; DAVID KRAVETS, Associated Press Writer

Inevitable Disclosure of Trade Secrets: Employee Mobility V. Employer’s Rights, The Journal of High Technology Law; January 1, 2004; Godfrey, Eleanore R.

Protection Of Trade Secrets And Confidential Information., Mondaq Business Briefing; June 4, 2008

New trade secrets act provides greater protections, South Carolina Business; January 1, 1999; Jr, Hamilton

Trade Secrets Act Preemption – It’s Still A Mess, Mondaq Business Briefing; August 29, 2013; Ahe, Christina Von Der

The Uniform Trade Secrets Act, JOM; January 1, 2006; Radack, David V

Breach of Trade Secrets in Marketing Goods and Services, Journal of Global Business Issues; October 1, 2011; Kim, Joe H. Kim, Sion

Trade Secrets and the Internet: What Remedies Exist for Disclosure in the Information Age?, The Review of Litigation; April 1, 1999; Lambrecht, Ryan

Protecting clients’ trade secrets: a general practitioner’s guide.(Illinois), Illinois Bar Journal; June 1, 2010; McCoy, J. Joseph

Uncovering Trade Secrets: The Legal and Ethical Conundrum of Creative Competitive Intelligence, SAM Advanced Management Journal; June 22, 2003; Fitzpatrick, William M.

I. Trade Secrets and Their History, Marquette Intellectual Property Law Review; January 1, 2007; Risch, Michael