In E. I. duPont deNemours & Company, Inc. v. Rolfe Christopher, what is the status of trade secret protection if improper means of acquisition result in public disclosure?

In E. I. duPont deNemours & Company, Inc. v. Rolfe Christopher, what is the status of trade secret protection if improper means of acquisition result in public disclosure?

• A. Yes
• B. No
• C. Only if the disclosure is intentional
• D. It depends on the jurisdiction

Answer: (B)

Trade secrets must stay secret to have protection. If the secret is disclosed to the public through improper means, it loses its secret status and is no longer protected as a trade secret. So there is no trade secret protection once public disclosure has occurred. The wrongdoer may still face liability for misappropriation over the improper disclosure, but the information itself can no longer be treated as a trade secret. The other options aren’t correct because secrecy is the essential requirement, and intentionality or jurisdiction don’t create an exception to the loss of protection once disclosure becomes public.

Trade secrets must stay secret to have protection. If the secret is disclosed to the public through improper means, it loses its secret status and is no longer protected as a trade secret. So there is no trade secret protection once public disclosure has occurred. The wrongdoer may still face liability for misappropriation over the improper disclosure, but the information itself can no longer be treated as a trade secret. The other options aren’t correct because secrecy is the essential requirement, and intentionality or jurisdiction don’t create an exception to the loss of protection once disclosure becomes public.