Misappropriation of a trade secret requires which of the following?

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Multiple Choice

Misappropriation of a trade secret requires which of the following?

Explanation:
Misappropriation hinges on how the secret was obtained. The essential element is obtaining the trade secret by improper means (or disclosing/using it when it was obtained improperly). So acquisition through an improper method best captures what makes an act misappropriation. Having a trade secret alone isn’t enough to constitute misappropriation, and a public disclosure—while it can destroy secrecy—is a consequence rather than the defining act of misappropriation. If the secret isn’t truly secret, there’s no trade secret to misappropriate.

Misappropriation hinges on how the secret was obtained. The essential element is obtaining the trade secret by improper means (or disclosing/using it when it was obtained improperly). So acquisition through an improper method best captures what makes an act misappropriation.

Having a trade secret alone isn’t enough to constitute misappropriation, and a public disclosure—while it can destroy secrecy—is a consequence rather than the defining act of misappropriation. If the secret isn’t truly secret, there’s no trade secret to misappropriate.

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