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No Independent Economic Value No Trade Secret

23 May 2025

Does your trade secret have value by virtue of being secret?

From Maureen Daly, Partner at Pinsent Masons:

‘Zagg could not explain why its ‘trade secret’ had ‘independent economic value…from not being generally known’.

‘if it could not prove that its information has ‘commercial value because it is a secret’, then it would not be deemed to be a trade secret.’

‘Failure to do so will result in the claim being unsuccessful.’

Does you trade secret have value and does it have that value by being a secret?