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Entrepreneur submitted a confidential proposal to Developer for a multi-sport theme park and sports facility. Entrepreneur and Developer were in negotiations when Entrepreneur learned that Developer was planning to develop its own multi-sport facility…using Entrepreneur's proposal.
Entrepreneur sued Developer using many theories of recovery, including breach of Florida's Uniform Trade Secret Act. The trial court dismissed the Entrepreneur's claim, finding that the idea of a multi-sport theme park was not novel. The appellate court disagreed, holding that the Developer's assertion that multi-sport theme parks are widespread failed to conclusively demonstrate that the Entrepreneur's idea was not novel.
Moral: Developments using spring baseball may not be novel, but multi-sport complexes may be. All Pro Sports Camp, Inc. v. Walt Disney Co., 727 So.2d 363 (Fla. 5DCA 1999). |
