Trade Secret Law

Jody Blanke, ProfessorComputer Information

Systems and LawMercer University, Atlanta

The Coke Formula

“This Coca-Cola formula appears to be the original formula to Coca-Cola. An author named Mark Pendergrast wrote a book about Coca-Cola entitled For God, Country and Coca-Cola. In writing this book he was able to interview just about anybody he wanted within Coca-Cola, and was also granted access to the vast archives of Coca-Cola.” http://www.sodamuseum.bigstep.com/generic.jhtml?pid=10

Restatement (First) of Torts §757

A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving material, a pattern for a machine or other device, or a list of customers.

Factors Used to Determine Whether There is a Trade Secret

The extent to which the information is known outside of its owner's business

The extent to which it is known by employees and others involved in its owner's business

The extent of measures taken by the owner to guard the secrecy of the information

The value of the information to its owner and to its competitors

The amount of effort or money expended by its owner in developing the information

The ease or difficulty with which the information could be properly acquired or duplicated by others.

Uniform Trade Secrets Act "Trade secret" means information, including

a formula, pattern, compilation, program, device, method, technique, or process, that:

(i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Georgia UTSA "Trade secret" means information, without

regard to form, including, but not limited to, technical or nontechnical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which is not commonly known by or available to the public and which information:

U.S. v. Joya Williams Administrative assistant at Coca-

Cola convicted of theft of trade secrets and sentenced to 8 years http://news.corporate.findlaw.com/ap/

f/66/05-23-2007/b874000bc0ef22ff.html