Electronic Data Preserved in Trade Secret Disptue Over Ice Cream Sandwiches
High technology in the ice cream sandwich industry was displayed in Interbake Foods, LLC v. Tomasiello, 2006 WL 3302678 (N.D. Iowa 11/13/06).
Interbake owns a 95% share of the wafer market (a wafer is the sandwich part of an ice cream sandwich). Interbake takes great steps to preserve its recipes, formulas, and processes as trade secrets. Tomasiello was an upper level manger for Interbake and had access to all the secrets. He signed a Code of Conduct prohibiting him from disclosing these secrets, but he was not required to sign a noncompete agreement.
BoDeans is a successful ice cream cone company that entered the wafer market in 2006. BoDeans hired Tomasiello in October 2006. Just before he left, Tomasiello accessed numerous computer files at Interbake containing trade secrets and confidential information. However, Interbake could not show Tomasiello was using its trade secrets at BoDeans.
In a split ruling, the court enjoined Tomasiello and BoDeans from misappropriating Interbake's trade secrets but did not enjoin his employment with BoDeans. More importantly, the court ordered both defendants to preserve all electronic data they have relating in any way to BoDeans' recruitment of Tomasiello.
