Sex Sells – And It’s A Trade Secret

This year saw not one, but two cases involving allegations of trade secret misappropriation and breach of noncompete agreements by companies typically known for things other than their trade secrets.

The first was at the end of September 2011, when Hooters – yes, Hooters – sued a competitor (though not the departing employee, curiously enough) for, among other things, misappropriation of trade secrets, violation of the Computer Fraud and Abuse Act, and tortious interference. The complaint is here, and a nice summary by Michael Greco is here.

The second was in December, when an espresso bar, Foxy Lady (in Washington state), sued a former barista and her new employer, Knotty Bodies, for misappropriation  of trade secrets, breach of a noncompete agreement, and tortious interference. The amended complaint is here, and a summary is here.