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Perspective

Nov. 22, 2013

Trade secrets are key in customer list cases

The guiding rule is that any prohibition on doing business with customers must directly correlate with the use of protectable trade secrets. By James Hardin and Tyler Woods


By James Hardin and Tyler Woods


When a party seeks a preliminary injunction for misappropriation of a "customer list," the main fight is usually over whether an injunction should issue. But an equally important fight is over the proper scope of an injunction. The plaintiff often seeks a categorical prohibition on the defendant "doing business" with customers of the plaintiff which, if granted without qualification, can cause severe damage to t...

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