Facts

H Company manufactures and sells fashion bags, luggage and leather goods. Its products and marks have been recognised as a Shanghai Export Famous Brand, Shanghai Famous Brand Product and Shanghai Famous Trademark, and are exported to more than sixty countries. Former employees, using designs, supplier lists and pricing information taken from H, began producing and selling competing products.

Issues

Whether the information qualified as a trade secret — that is, was non-public, commercially valuable and subject to reasonable confidentiality measures; whether the defendants had access to and used it; and the quantum of damages.

Approach

Wang Lin acted for H. The case was built around evidence of confidentiality measures (access controls, employee agreements, document marking), forensic comparison of the defendants’ designs and supplier contacts, and proof of the loss caused.

Outcome

The court found infringement and ordered the defendants to cease the conduct and compensate H. The judgment underscores that a trade secret claim fails without documented confidentiality measures, however clearly the information was confidential in fact.