Peggy Lawton Kitchens v. Hogan

18 Mass. App. Ct. 937 (1984)

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Peggy Lawton Kitchens v. Hogan

Massachusetts Appeals Court
18 Mass. App. Ct. 937 (1984)

RW

Facts

Peggy Lawton Kitchens, Inc. (Lawton Kitchens) (plaintiff) made chocolate chip cookies using standard ingredients such as flour, eggs, and chocolate chips. The cookies sold poorly until a Lawton Kitchens employee hit on the idea of mixing walnut chaff into the cookie batter. The walnut dust gave a zing to the cookies’ flavor and a zip to the company’s sales. The company took several measures to protect the confidentiality of its new secret recipe. One such measure was to list the proportions of each ingredient, including the walnut dust, on a separate card. Only a small group of employees had access to those cards. Terence Hogan (defendant) was not one of those employees, but as the company’s maintenance and safety officer, Hogan had keys to the office in which the cards were kept. Hogan copied the cards and then quit to start his own bakery. The Hogan bakery’s chocolate chip cookie essentially was a clone of the Lawton Kitchens product. Lawton Kitchens sued Hogan for trade-secret misappropriation. The trial court entered judgment for Lawton Kitchens. Hogan appealed to the Massachusetts Appeals Court.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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