What are the requirements for a trade secret claim?

In Texas, a trade secret claim requires several elements to be established in order for a court to grant protection. First, the claimant must be able to prove that they had reasonable measures to keep the information secret, such as through physical, electronic, and procedural safeguards. Second, the information must have economic value because of its secrecy. Third, the claimant must be able to show that the information was acquired from another source through improper means such as theft or breach of a confidentiality agreement. Finally, the claimant must be able to demonstrate that the alleged trade secret was misappropriated, meaning used without their permission. These elements must all be proven for the court to recognize a claim of trade secret misappropriation. It is important to note that the definition of a “trade secret” is quite broad in Texas and may include any information that is kept secret, as long as it has some economic value and is not generally known or readily ascertainable. Furthermore, the law provides for potential damages including lost profits and reasonable royalties for unauthorized use of a trade secret. As such, it is important to take reasonable measures to protect any confidential information or trade secrets to maintain their value.

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What are the requirements for a trade secret claim?

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