Lawsuit for Alleged Employee Misappropriation of Trade Secrets (Customer List)
In Fleming Sales Co. v. Bailey, 611 F. Supp. 507, 509 (N.D. Ill. 1985), the plaintiff was engaged in the business of manufacturing recreational vehicle component parts, and the defendant was a former general manager and salesman of the plaintiff.
The employer alleged that the employee had misappropriated trade secrets, including the names of the employer's customers, information about the customers, including the names of contact people, the customers' prior purchasing and payment histories, and their projected needs and buying procedures. Fleming Sales Co., 611 F. Supp. at 509.
The court granted a summary judgment in favor of the employee. Fleming Sales Co., 611 F. Supp. at 509. on the issue of whether the information qualified as a trade secret, the court noted that the identity of the employer's customers was available from other sources. Fleming Sales Co., 611 F. Supp. at 513.
The court stated that the employer had not presented evidence to show that the employee "sought to pursue customers that the employee would not have discovered without the employee's exposure to the employer's customer list." Fleming Sales Co., 611 F. Supp. at 513.