New Hampshire
How E.I. du Pont de Nemours & Co. v. Christopher applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Trade Secrets / Unfair Competition.
New Hampshire recognizes the importance of protecting trade secrets and closely follows the principles outlined in the U.S. Uniform Trade Secrets Act. The state emphasizes the necessity of showing a trade secret's reasonable measures for protection and the improper means used to obtain it, akin to the framework established in du Pont.
In New Hampshire, a trade secret is defined as information that is not generally known or easily ascertainable by proper means and is subject to reasonable efforts to maintain its secrecy. Misappropriation occurs through improper acquisition, disclosure, or use.
The court held that the plaintiff’s formula for dog food qualified as a trade secret because it was not public knowledge and was protected through reasonable measures.
The court found that certain business strategies and customer lists constituted trade secrets due to their economic value and efforts taken to keep them confidential.
The court ruled that methods of manufacturing and pricing, if kept confidential, are protectible as trade secrets under New Hampshire law.
New Hampshire’s approach aligns closely with the federal Uniform Trade Secrets Act, yet it emphasizes state-specific nuances in the reasonable efforts required for secrecy and the definition of improper means. The state generally follows federal precedent while adapting to local case law.
Knowledge of trade secret protections, including misappropriation standards, is frequently tested on the New Hampshire bar exam, particularly in the context of business litigation.