The non-existence of a trade secret asset: ‘confidential’ information
by R. Mark Halligan, FisherBroyles LLP
For years, there has been a debate whether “confidential” information is analogous to a “trade secret.”
It is not. Information is either protected as a “trade secret” or not protected as a “trade secret.” Any other characterization of “confidential” information undermines the protection of trade secret assets and interferes with lawful and fair business competition.
There is no such thing as non-trade secret “confidential” information.
There is no such thing as “confidential” information that does not rise to the level of a trade secret.
There is no middle ground: Either the information is a “trade secret” (and protectable) or not a trade secret (and not protectable).
A “trade secret” is an intellectual property asset that requires reasonable measures to protect the information as a “trade secret” and proof that such information derives an actual or potential economic advantage from the secrecy of the information. more
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