MARSHALL HUNN, Agent of Hunn Designs, Plaintiff Appellant, v. DAN WILSON HOMES, INCORPORATED; DAN WILSON; BEN J. LACK, Defendants Appellees.
The owner of an architectural design firm appeals judgment against him on his suit alleging that a client and his employee had a secret agreement to cut him out of the business relationship with the client. In light of conflicting testimony, as well as the district court's credibility determinations, the district court did not clearly err in its finding that virtual files contained the same information as the paper files. The employment agreement is devoid of any reference to the topic of confidential information; thus, Fielding's holding-that when an employee expressly promises not to disclose confidential information, an employer impliedly promises to provide that confidential information-is inapposite. The plaintiff created an implied nonexclusive license when he delivered plans (through his agent) without restriction. The district court's judgment is affirmed. HUNN v. DAN WILSON HOMES INC., 5th U.S. Circuit Court of Appeals, No. 13-11297, 6/15/15.
13-11297 c/w No. 14-10365
JENNIFER WALKER ELROD
Practice Areas: Intellectual Property