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Unlike other protectable information (copyrights, trademarks, patents), there is no setduration for the protection of trade secrets. As such, trade secret protection may extendindefinitely, lasting as long as the subject material remains commercially valuable and iskept confidential. 7On the other hand, the trade secret status of information may be lostimmediately if the information is disclosed to outsiders or competitors (accidentally orintentionally). 8However, the necessary element of secrecy is not lost “if the holder ofthe trade secret reveals the trade secret to another ‘in confidence, and under an impliedobligation not to use or disclose it.’” 9Disclosure of trade secrets for certain, limitedreasons do not waive trade secret protections, so long as the trade secret owner takesreasonable measures to maintain its secrecy before and during disclosure (such asrequiring non-disclosure or confidentiality agreements from recipients of confidentialinformation).2. Legal Landscape for Trade Secret Protection in United States.a. State LawIn the United States, trade secrets are primarily protected by individual state laws. If atrade secret is misappropriated, the individual or corporation who owns the trade secretmay seek injunctive relief and civil damages under a common law tort action formisappropriation, or through a specific state statute. Although these laws vary slightlyfrom state-to-state, a total of 47 states (plus the District of Columbia) have adopted7 United States v. Dubilier Condenser Corp., 289 U.S. 178, 186 (1933) (noting that, rather than seekpatent protection, an inventor “may keep his invention secret and reap its fruits indefinitely”).8 See Religious Tech. Ctr. V. Netcom On-Lien Communication Servs., 923 F. Supp. 1231, 1256-1257(N.D. Cal. 1995).9 Kewanee v. Bicron, 416 U.S. 470, 475 (1974) (citations omitted).3082723.3