SUN CRETE OF FLORIDA, INC., SUN CRETE OF CAROLINA, INC., JOHN MEINCKE, KENNETH ALSTON and DOES 1 through 20, Appellants, v. SUNDECK PRODUCTS, INC., SUN SURFACES, INC., a Florida corporation, POOL BUILDERS, INC., and TED LIBERNINI, Appellees, 452 So. 2d 973

Summary

Appellee company developed a sealing process for decks and patios. Appellant competitor approached appellee to distribute the process in South Carolina. When the parties signed a nondisclosure agreement, appellee demonstrated the process, sold appellant the raw materials, and arranged for training of appellant's employees. After the parties failed to reach agreement on a dealership contract, appellee learned that appellant was opening dealerships and selling a product which utilized the process. Appellee sued for damages and injunctions to restrain appellant's use of its trade secret. Appellant sought review after the lower court granted appellee's request for a preliminary injunction. The court would not disturb the lower court's findings regarding whether the trade secret status was destroyed by any disclosure to third parties. Appellee presented ample evidence to show that its process was unique to the industry, unpublished, and not susceptible to general knowledge. Because trade ...