Kamin v. Kuhnau

232 Or. 139 (1962)

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Kamin v. Kuhnau

Oregon Supreme Court
232 Or. 139 (1962)

RW

Facts

Kamin (plaintiff) devised a trash-compacting device for his garbage trucks and hired Kuhnau (defendant) to make prototypes of the device in Kuhnau’s machine shop. Both men regarded the device as Kuhnau’s invention and were unaware that similar devices were already being marketed elsewhere. Kuhnau made several prototypes but eventually broke off relations with Kamin and began selling his own trash compactors. Kamin sued Kuhnau for misappropriating Kamin’s trade secret. Kamin’s evidence indicated that Kuhnau carried out his prototype work entirely under Kamin’s direction, but Kuhnau contended that he suggested improvements and that the design of his competing trash compactor differed from Kamin’s design. The trial court entered an injunction barring Kuhnau from engaging in unfair competition with Kamin. Kuhnau appealed to the Oregon Supreme Court.

Rule of Law

Issue

Holding and Reasoning (O’Connell, J.)

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