Trade Secret Information Must be Disclosed Pursuant to Protective Order
The District Court of Minnesota required production of trade secret documents subject to protective order in Kia Motors America, Inc. v. Autoworks Distributing, 2007 WL 844674 (D. Minn. 3/19/07).
Kia brought suit against Autoworks for trademark infringement. Kia sought information regarding Autoworks' suppliers to determine if the goods sold by Autoworks were counterfeit. Autoworks refused, claiming this information is a trade secret.
The court required disclosure but also issued a protective order limiting disclosure of the information to just Kia's litigation attorneys. The court ordered that Kia's general outside counsel and in-house corporate counsel could not have access to the information.
The court issued a stern warning against wrongful disclosure: If the suppliers suddenly stop doing business with Autoworks or change the nature of the business relationship, the court will presume that Kia's litigation attorneys made a wrongful disclosure. The court reserved the right to impose sanctions and attorney's fees for such conduct.
