Is Customer List and Pricing Information of a ''Well Known'' Service Considered a Trade Secret ?

In Carbonic Fire Extinguishers, Inc. v. Heath, 190 Ill. App. 3d 948, 952-53, 547 N.E.2d 675, 677, 138 Ill. Dec. 508 (1989), the court held that the customer list and pricing information of a business that sold and serviced fire extinguishers and cleaned restaurant hoods was not a trade secret under the Trade Secrets Act. In that case, a former employee had possession of the employer's customer list, which included the names of customers, their addresses, their telephone numbers, the customer contact person, the date of the last servicing of a particular customer, and the price to be charged a particular customer. Carbonic Fire Extinguishers, Inc., 190 Ill. App. 3d at 950, 547 N.E.2d at 675-76. The employee established his own business and solicited work from the employer's customers in the Chicago metropolitan area and in Rockford, Illinois. Carbonic Fire Extinguishers, Inc., 190 Ill. App. 3d at 950, 547 N.E.2d at 675-76. The trial court granted the employer an injunction under the Trade Secrets Act that prevented the employee from contacting any of the employer's customers. Carbonic Fire Extinguishers, Inc., 190 Ill. App. 3d at 949, 547 N.E.2d at 675. The appellate court, however, reversed, holding that the customer list and the pricing information were not trade secrets. Carbonic Fire Extinguishers, Inc., 190 Ill. App. 3d at 954, 547 N.E.2d at 678. In addressing the secrecy of the customer list, the appellate court noted that restaurant hood cleaning was a service commonly used by restaurants. Carbonic Fire Extinguishers, Inc., 190 Ill. App. 3d at 953, 547 N.E.2d at 677. The court stated, "As such, although the actual customers using plaintiff's services are not readily apparent from the telephone directory, anyone seeking to compete with plaintiff, including defendant, could very likely encounter plaintiff's customers by simply contacting restaurants through the telephone directory." Carbonic Fire Extinguishers, Inc., 190 Ill. App. 3d at 953, 547 N.E.2d at 677. The court, therefore, held that the customer list was not shown to be "sufficiently secret to derive economic value from not being generally known to other persons who could obtain economic value from its disclosure or use." Carbonic Fire Extinguishers, Inc., 190 Ill. App. 3d at 953, 547 N.E.2d at 677-78.