Louis Saint Chicken has sued its closest competitor, Bistro Poultry, for misappropriation of trade secrets, and former
Question:
Louis Saint Chicken has sued its closest competitor, Bistro Poultry, for misappropriation of trade secrets, and former employee Nicolette Lemar for breach of confidence with regard to Louis’s secret dipping sauce. Nicolette, who worked for Louis as a supervisor in its sauce laboratory for the last seven years, was recently recruited as Vice-President of Research and Development at Bistro. Subsequently, Bistro began to produce and sell a chicken wing garlic sauce suspiciously similar to Louis’s own worldfamous dipping sauce. Louis alleges that, during the course of her employment, Nicolette was exposed to trade secrets with respect to its formula for its chicken wing sauce. There was no contractual clause barring Nicolette from disclosing the ingredients of the sauce or from undertaking future employment within the industry. What must Louis prove to succeed in its claim against Nicolette? How can Louis better protect itself against the occurrence of a similar incident in the future?
Step by Step Answer:
Managing the Law The Legal Aspects of Doing Business
ISBN: 978-0132164429
4th edition
Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer