Flavoring Manufacturer’s Trade Secret Claim to Continue

An Illinois court has refused to dismiss Gold Medal Products Inc.’s lawsuit alleging that Bell Flavors and Fragrances Inc., with the help of a former Gold Medal employee, misappropriated trade secrets. Gold Medal Prods. Inc. v. Bell Flavors & Fragrances Inc., No. 17-4084 (N.D. Ill., entered March 2, 2018). Gold Medal alleged that its recipe and flavor profile for caramel Glaze Pop, a popcorn coating, are trade secrets, which the defendants allegedly misappropriated when the former employee helped Bell Flavors create a similar product for one of Gold Medal’s competitors.

Denying Bell’s motion to dismiss, the court declined to establish whether Gold Medal could prove it owned trade secrets because the record was insufficient to support an analysis. The court rejected Bell’s argument that the recipe and flavor profile are not trade secrets because the ingredients are publicly listed and not patented by Gold Medal. Further, differences in the manufacturing processes of Gold Medal’s and Bell’s glazes do not preclude a misappropriation claim, the court noted.