Multimedia Sales & Marketing, Inc. v. Marzullo

Illinois Appellate Court
Civil Court
Trade Secrets
Citation
Case Number: 
2020 IL App (1st) 191790
Decision Date: 
Monday, December 21, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
HYMAN

Plaintiff claimed that Defendants (3 former employees and their current employer) misappropriated trade secrets relating to the sale of radio advertising time by taking its potential customer lead lists or renewal lead lists protected by Illinois Trade Secrets Act, and using the information to solicit its customers. Court properly granted summary judgment for Defendants. Plaintiff did not show that it kept the information sufficiently secret or made reasonable efforts to maintain their secrecy. Plaitniff provided customer names to radio stations (without requiring confidentiality agreements) which then broadcast that information and were free to use it without restrictions. Circuit court properly awarded Defendants attorney's fees as prevailing party. Section 5 of the Act does not provide for payment of attorney's fees incurred on appeal.(WALKER and COGHLAN, concurring.)