Misappropriation of Trade Secrets California Elements
Misappropriation of trade secrets is an intentional tort. (Civ. Code, 3426.1; Vacco Industries, Inc. v. Van Den Berg, 5 Cal. App. 4th at p. 53.)
It is defined in the Uniform Trade Secrets Act, Civil Code section 3426.1, subdivision (b), as follows: 'Misappropriation' means:
(1) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means;
(2) Disclosure or use of a trade secret of another without express or implied consent by a person who:
(A) Used improper means to acquire knowledge of the trade secret;
(B) at the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was:
(i) Derived from or through a person who had utilized improper means to acquire it;
(ii) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use;
(iii) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; ... ."
Under the Uniform Trade Secrets Act (Civ. Code, 3426 et seq.), an actual or threatened misappropriation of such confidential information may be enjoined (Civ. Code, 3426.2) and a complainant may recover damages for unjust enrichment, or receive payment of a reasonable royalty (Civ. Code, 3426.3).