To enjoin a competitor from continuing the use of a trade secret, a plaintiff must prove that the .
A) trade secret bestows a competitive advantage upon the defendant
B) plaintiff's business has suffered losses due to its use by the defendant
C) defendant used the trade secret without the plaintiff's permission
D) defendant used reverse engineering to discover the trade secret

Question

Quizplus · Accepted Answer

In order to enjoin a competitor from using a trade secret, the plaintiff must prove that the defendant used the trade secret without the plaintiff's permission. The other options are not necessarily required for proving a case of trade secret misappropriation. While a competitive advantage may suggest that the defendant has used the trade secret, it is not essential. Similarly, while the plaintiff's business may have suffered losses due to the use of the trade secret, this alone is not enough to establish misappropriation. Finally, reverse engineering is a lawful means of discovering a trade secret, so its use does not necessarily imply misappropriation.

To Enjoin a Competitor from Continuing the Use of a Trade