Jody Blanke, ProfessorComputer Information Systems and Law

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Trade Secret LawRestatement (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.

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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 3

Factors Used to Determine Whether There is a Trade SecretThe extent to which the information is known

outside of its owner's businessThe 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.

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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.

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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:

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U.S. v. Joya WilliamsTwo former Coca-Cola employees convicted

of theft of trade secrets and sentenced to 5 and 8 years in prisonCNN article

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