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

Question

Quizplus · Accepted Answer

The defendant must have used the trade secret without the plaintiff's permission in order for a plaintiff to enjoin a competitor from continuing its use. While A and B may be factors in determining damages, they are not necessary elements to prove the defendant's misappropriation of a trade secret. Reverse engineering may be a defense, but it is not a necessary element for a plaintiff to prove the defendant's misappropriation of a trade secret.

To Enjoin a Competitor from Continuing the Use of a Trade