Because of the great part that such trade secrets play in the success of many industrial endeavors, the courts have been called upon on many occasions to resolve controversies of litigants concerning such secrets.The cases most often appearing before the courts involve the relationship of employer and employee, or former employee. Out of this relationship arise the questions of ownership and use and misuse of alleged confidential information or trade secrets. Other relationships have also been considered by the courts, and the questions considered are in many respects overlapping. The big question is to determine what is a trade secret so that the courts can protect such trade secrets.
G. G. Maruchnics, Industrial Trade Secrets, Their Use and Protection, 4 Clev.-Marshall L. Rev. 69 (1955)