Keeping trade secrets secrets

Deven Desai on Madisonian (one of the blogs listed to the right) has an amusing update on the steps KFC is taking to move its secret formula for fried chicken while assuring that the formula remains secret.

Perhaps because he’s writing for lawyers, Desai does not mention the number one rule for trade secrets: if you don’t keep it a secret, you lose all protection.

There is some gray area about how long the genie can accidentally be out of the bottle — ask a lawyer for the relevant case law — but the risk is if he gets out of the bottle, you may never be able to get him back in. In that case, all the lawsuits for injunctive relief or damages will be unable to unring that bell.