Trade Secrets Confidentiality Agreement
In DB Riley, Inc. against AB Engineering Corp. at the US District Court for the District of Massachusetts [file number 977 F. Supp. 84 [D. Mass. 1997], decided on 18 September 1997 that the case concerned the applicant`s allegation that the defendant had unfairly acquired the applicant`s business secrets and, despite contractual agreements that in no way allowed disclosure, which had existed between them prior to the complaint, the defendant used trade secrets to gain a “competitive advantage”. Despite this finding, the Tribunal ruled in favour of the defendant and stated that the complainant`s fault was that he was unable to take appropriate measures to preserve confidentiality. However, the duty of trust can sometimes arise automatically from the circumstances of the disclosure or the relationship between the parties.
For example, an obligation of confidentiality is implied when confidential information is passed on by an employer to a worker. The breach of trust allegedly occurred when 5 employees of the CEO accused the manager of sexually assaulting her. It is also important to note that these complainants were signatories to UNEN, which included their harassment complaints, and that they had received significant payments from the company before anything was included in the public records. The Superior Court judge dismissed the executive`s application for an injunction against this information and ruled that the confidentiality of the information was weighed against the public interest in the newspaper. A trade secret is treated differently by the courts than mere confidential information. This is because it can be very difficult and expensive to prove that someone has breached confidentiality and disclosed information that they should not have. However, it`s much easier to prove that someone has started a competing business with you.