Jottings By An Employer's Lawyer

Thursday, November 27, 2003

Trade Secrets in the World of Tropical Fish - A Better Deal at Petco than Wal-Mart?

Given the vaunted power of Wal-Mart in demanding low prices from its suppliers, perhaps the most amazing thing about Fox v. Tropical Warehouses, Inc. (Tx.Ct. App. - Fort Worth 11/20/03) is that Petco could command a better price from their wholesale tropical fish supplier than the Arkansas based powerhouse. But more importantly from an employment law standpoint, the case is a good illustration of some general principles of Texas trade secret law in a definitely non-high tech context. It also shows the common sense of a Texas appeals court, which reached what seems to be an imminently fair result in modifying a temporary injunction, while still upholding the integrity of trade secret law.

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