Wexler v. Greenberg

160 A.2d 430 (1960)

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Wexler v. Greenberg

Pennsylvania Supreme Court
160 A.2d 430 (1960)

KL

Facts

Alvin Greenberg (defendant), a chemist, worked for Irving Wexler (plaintiff) at Buckingham Wax Company. Greenberg’s role entailed reverse engineering sanitation and maintenance chemicals sold by Buckingham Wax’s competitors and making new and improved cleaning solutions for Buckingham Wax to sell. Greenberg also interviewed chemical salespeople about their products and prices to assist Greenberg’s development of new cleaning solutions. Greenberg did not sign an employment, confidentiality, or noncompete agreement in connection with his work at Buckingham Wax, nor did Greenberg and Irving reach any oral agreements on those topics. Greenberg left Buckingham Wax to work for Brite Products Co., one of Buckingham Wax’s customers. Brite bought all its cleaning solutions from Buckingham Wax and resold them under Brite’s label. After Greenberg joined, Brite purchased machinery and, under Greenberg’s supervision, began developing and making its own cleaning solutions. Wexler sued, seeking to enjoin Greenberg and Brite from using certain formulas that Wexler argued were Buckingham Wax’s trade secrets. The lower court granted Wexler’s injunction, finding that Greenberg did not develop the formulas he used at Brite upon his hiring there but instead carried over the knowledge he acquired while working for Buckingham Wax. Greenberg appealed, arguing that he created the formulas using his subjective knowledge, skills, and aptitude for chemistry.

Rule of Law

Issue

Holding and Reasoning (Cohen, J.)

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