This form is a Complaint for Injunctive Relief and Damages. Plaintiff filed this action against defendant for breaching a non-competition agreement. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages.
Utah Complaint for Injunctive Relief and Damages for Breach of Noncompetition Agreement - Breach of Contract - Violation of Trade Secrets Act
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US-000302
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FAQ
The plaintiff in a trade-secret case lawsuit must prove three facts: (1) it has some valuable business information that it has kept secret; (2) the information is not generally known; and (3) the defendant has used that secret. A defendant may attack each showing, but some attacks are better than others.
Misappropriation of a trade secret includes industrial or commercial espionage, breach of contract and breach of confidence, electronic surveillance, trespass, bribery, and fraud. It does not include "reverse engineering", where a company purchases a product and finds out how it works by laboratory analysis.
This burden of proof requires the trade secret owner to demonstrate that he or she was in possession of knowledge or information that was not generally known and was valuable precisely because it was not generally known, and that the knowledge or information was subject to efforts that were reasonable under the ...
Thus, a trade secret may be misappropriated when it is acquired through theft, bribery, misrepresentation, or breach of a duty to maintain secrecy. Juries may infer misappropriation of a trade secret from circumstantial evidence.
Non-compete agreements typically restrict an employee from competing with an employer's business for a period of time in a specific geographical area. Utah courts require that non-compete restrictions be ?reasonably limited in time and geographic area? in order to be valid and enforceable.
Elements Needed to Breach Contract That means at least two parties identified have spelled out an agreement on how to behave, there is an exchange, and some kind of value in that exchange. The value is, in the legal system, known as consideration. Finally, the contract's execution ? putting into action.
Trade secret misappropriation occurs when a trade secret has been wrongfully taken or disclosed without consent. A trade secret is defined as information (1) that derives independent economic value from not being generally known, and (2) which has been the subject of reasonable efforts to be kept a secret.
Definitions. "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.