McBurger has just developed a new method of preparing its products that greatly reduces the fat content and other medical problems associated with fast food. Although still in the developmental phase, McBurger has been very careful not to release any
information regarding the process. The information is constantly under lock and key. Jerry, a competitor's employee, took a public tour of McBurger University to evaluate going to work for McBurger. While on the tour, he accidentally saw the process being conducted in a small laboratory that was visible to everyone, but not part of the tour. Jerry realized that probably no one else would recognize the process, and said nothing. Jerry was able to duplicate McBurger's process, and is now about to be promoted to vice-president of his company. Does McBurger have a claim against Jerry and his employer? What is the likely outcome? Discuss fully.
McBurger could try suing for misappropriation of its trade secret. Trade secrets are protectable as long as the protected information remains confidential and is not developed independently by someone else. The primary issue here is whether McBurger took sufficient steps to keep the information confidential.
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