Wisconsin
How E.I. du Pont de Nemours & Co. v. Christopher applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Trade Secrets / Unfair Competition.
Wisconsin law closely aligns with the common law principles of trade secret protection as articulated in the Restatement (Third) of Unfair Competition. The state law prohibits the misappropriation of trade secrets and requires a showing that reasonable efforts were made to maintain the secrecy of the information.
Wisconsin Statutes § 134.90 provides the legal framework for trade secrets, defining them and setting forth the circumstances under which misappropriation occurs. A trade secret is information not generally known or readily ascertainable that derives economic value from its secrecy.
In this case, the court held that information compiled by an employee, which included trade secrets, was protected, emphasizing the necessity for reasonable efforts to maintain its secrecy.
The court determined that mere possession of trade secrets without proper safeguarding does not alone establish misappropriation, highlighting the importance of establishing reasonable security measures.
This case reinforced the principles that trade secrets must not only be secret but also convey a competitive advantage, and the court ruled in favor of the plaintiff on the grounds that the information was not disclosed.
Wisconsin's trade secret law reflects the federal Defend Trade Secrets Act (DTSA) but varies in its procedural requirements and definitions. Both legal frameworks stress the significance of reasonable efforts to protect trade secrets, yet Wisconsin emphasizes the state-created definitions and standards in enforcing rights against misappropriation.
Understanding trade secret law and its nuances is essential for the Wisconsin bar exam, particularly given the emphasis on the reasonable efforts requirement and the types of information qualifying as trade secrets.