As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) TRADE SECRET. A “trade secret” is information that:
a. Is used or intended for use in a trade or business;
b. Is included or embodied in a formula, pattern, compilation, computer software, drawing, device, method, technique, or process;
c. Is not publicly known and is not generally known in the trade or business of the person asserting that it is a trade secret;
d. Cannot be readily ascertained or derived from publicly available information;
e. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; and
f. Has significant economic value.
(2) IMPROPER MEANS. “Improper means” are means such as:
a. Theft;
b. Bribery;
c. Misrepresentation;
d. Inducement of a breach of confidence;
e. Trespass; or
f. Other deliberate acts taken for the specific purpose of gaining access to the information of another by means such as electronic, photographic, telescopic or other aids to enhance normal human perception, where the trade secret owner reasonably should be able to expect privacy.
(3) PERSON. A “person” is a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(Acts 1987, No. 87-669, p. 1195, §1.)
Notes of Decisions
Ex Parte Ocwen Fed. Bank, FSB, 872 So. 2d 810 (Ala. 2003).
· cites it 2× “to § 8-27-2, Ala.Code 1975. In Miltope, we held that a company was not required to produce board minutes and sales orders because those documents contained trade secrets.”
Soap Co. v. Ecolab, Inc., 646 So. 2d 1366 (Ala. 1994).
· cites it 2× “" We hold that it is a jury question as to whether the Ecolab memorandums contained "trade secrets" as defined by § 8-27-2 and whether Ecolab made reasonable efforts to maintain the secrecy of the discarded documents.”
Ex Parte Miltope Corp., 823 So. 2d 640 (Ala. 2001).
“Section 8-27-2(1), Ala.Code 1975, states that a "trade secret" is information that: "a.”
Ages Grp., LP v. Raytheon Aircraft Co., Inc., 22 F. Supp. 2d 1310 (M.D. Ala. 1998).
· cites it 2× “Ala.Code § 8-27-2 (1993). There has been no evidence presented to this court which suggests that any oral communications which might have been intercepted meet the definition of “trade secret.”
DJR Assocs., LLC v. Hammonds, 241 F. Supp. 3d 1208 (N.D. Ala. 2017).
“Further, Alabama Code § 8-1-191 defines a “protectable interest” as follows: (a) A protectable interest includes all of the following: (1) Trade secrets, as defined in Section 8-27-2. (2) Confidential information, including, but not limited to, pricing information and…”
Alagold Corp. v. Freeman, 20 F. Supp. 2d 1305 (M.D. Ala. 1998).
· cites it 4× “Ala.Code § 8-27-2(1) (1993). Defendants contend that the information taken by Freeman to KenTex does not meet this definition because Alagold did not take reasonable efforts to ensure the secrecy of the information and because this “head knowledge” 7 does not satisfy the…”
Movie Gallery Us, LLC v. Greenshields, 648 F. Supp. 2d 1252 (M.D. Ala. 2009).
· cites it 2× “Additionally, the compiled-customer information meets all of other the requirements of a “trade secret” as defined by 1975 Ala.Code § 8-27-2. This information was not generally known in the industry because it was created and developed by Movie Gallery and was specific to the…”
Jones v. Hamilton, 53 So. 3d 134 (Ala. Civ. App. 2010).
· cites it 2× “” *140 § 8-27-2(1). As explained above, Jones testified that the box contained quarterly tax information, company financial statements, contracts between the companies and other companies, and insurance policies.”
Wilson v. Herbert (Ex parte Indus. Warehouse Servs., Inc.), 262 So. 3d 1180 (Ala. 2018).
· cites it 11× “" IWS argues that the information in its bills of lading and operations and safety manuals satisfies the definition of trade secret in § 8-27-2(1). Concerning the information in IWS's bills of lading, IWS explains that, if the information contained in the bills of lading is…”
— Ala. Code § 8-27-2(1) — 14 cases
Ex Parte Ocwen Fed. Bank, FSB, 872 So. 2d 810 (Ala. 2003).
“to § 8-27-2, Ala.Code 1975. In Miltope, we held that a company was not required to produce board minutes and sales orders because those documents contained trade secrets.”
Ex Parte Miltope Corp., 823 So. 2d 640 (Ala. 2001).
“Section 8-27-2(1), Ala.Code 1975, states that a "trade secret" is information that: "a.”
Alagold Corp. v. Freeman, 20 F. Supp. 2d 1305 (M.D. Ala. 1998).
“Ala.Code § 8-27-2(1) (1993). Defendants contend that the information taken by Freeman to KenTex does not meet this definition because Alagold did not take reasonable efforts to ensure the secrecy of the information and because this “head knowledge” 7 does not satisfy the…”
— Ala. Code § 8-27-2(e) — 1 case
— Ala. Code § 8-27-2(l) — 2 cases
Alagold Corp. v. Freeman, 20 F. Supp. 2d 1305 (M.D. Ala. 1998).
“Ala.Code § 8-27-2(1) (1993). Defendants contend that the information taken by Freeman to KenTex does not meet this definition because Alagold did not take reasonable efforts to ensure the secrecy of the information and because this “head knowledge” 7 does not satisfy the…”
Jones v. Hamilton, 53 So. 3d 134 (Ala. Civ. App. 2010).
“” *140 § 8-27-2(1). As explained above, Jones testified that the box contained quarterly tax information, company financial statements, contracts between the companies and other companies, and insurance policies.”
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