What is a trade secret misappropriation claim?

A trade secret misappropriation claim is a legal claim made when a person or company makes unauthorized use of another person or company’s trade secret. A trade secret is confidential information that gives the owner a strategic advantage over competitors. In Texas, a trade secret can be something like a formula, process, tool, manufacturing technique, or other business information. A misappropriation of a trade secret occurs when someone unlawfully acquires, discloses, or uses another person’s trade secret. This could be done by an employee, customer, supplier, competitor, or other party. It can also be done through espionage, hacking, reverse engineering, theft, or bribery. If someone has misappropriated a trade secret in Texas, the owner may be able to bring a legal claim. Depending on the length and amount of damage the misappropriation caused, the owner may be awarded damages, injunctive relief, or attorney’s fees. The owner may also be entitled to have the misappropriator pay for the lost profits caused by the misappropriation. In order to bring a trade secret misappropriation claim in Texas, the owner must show that the trade secret was valuable, it was kept secret, and the misappropriator used improper means to acquire it. Additionally, the owner must identify a specific trade secret that was stolen.

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