A person who discloses or uses the trade secret of another, without a privilege to do so, is liable to the other for misappropriation of the trade secret if:

Terms Used In Alabama Code 8-27-3

  • IMPROPER MEANS: "Improper means" are means such as:

    a. See Alabama Code 8-27-2

  • person: is a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Alabama Code 8-27-2
  • TRADE SECRET: A "trade secret" is information that:

    a. See Alabama Code 8-27-2

(1) That person discovered the trade secret by improper means;

(2) That person’s disclosure or use constitutes a breach of confidence reposed in that person by the other;

(3) That person learned the trade secret from a third person, and knew or should have known that (i) the information was a trade secret and (ii) that the trade secret had been appropriated under circumstances which violate the provisions of (1) or (2), above; or

(4) That person learned the information and knew or should have known that it was a trade secret and that its disclosure was made to that person by mistake.

(Acts 1987, No. 87-669, p. 1195, §2.)