Following is a landmark case law under DTSA:
Dalmatia Import Group Incorporation v. Food Match Incorporation
In this case, the court awarded Dalmatia 2.5 million dollars for the misappropriation of a trade secret. Out of the 2.5 million dollars, 5,00,000 dollars were assigned due to the DTSA claim. In this case, it was found that the defendant had misappropriated the fig jam (type of fruit) recipe of the plaintiff, which was a trade secret. Following are the remedies that are available under the DTSA:
Damages under the DTSA can be obtained if the plaintiff proves the following:
The trade secret of a company has been misappropriated;
There have been losses to the company;
There is a reasonable nexus between the misappropriation of the trade secret and loss to the company.
Exemplary damages may be allowed by the court in case the conduct of the defendant has been malicious and wilful.
In certain cases, the court has the power to order ex-parte seizures. Ex-parte means passing an order by a court without hearing the other side of the suit. It is usually not done by the court unless the plaintiff proves extreme urgency. Ex-parte seizure is ordered when the defendant is about to or has used the company’s trade secret, and it is crucial to pass the order to prevent loss to the plaintiff. There is no time to issue notice to the other party.
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