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State ex. rel. Sports Management News, Inc. v. Nachtigal

Oregon Supreme Court

921 P.2d 1304 (1996)

Facts

Sports Management News, Inc. (SMNI) (plaintiff) published a newsletter about the sporting-goods industry. Adidas America (Adidas) filed a complaint against SMNI, alleging that SMNI misappropriated trade secrets under Oregon statutory law. SMNI was ordered not to share any information in its newsletter about Adidas’s technology developments. The nondisclosure provision of the Oregon trade-secrets statute permits prior restraint in these circumstances, even if there is no assertion that the publisher violated any civil or criminal law to obtain the trade secret. The circuit court ordered SMNI to receive approval from the court before publishing any trade secret. SMNI sought a writ of mandamus challenging the circuit court’s order.

Rule of Law

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Issue

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Holding and Reasoning (Fadeley, J.)

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