An exhaustive contractual definition of 'Confidential Information' and comprehensive contractual regulation of confidentiality obligations do not, without more, exclude concurrent equitable obligations of confidence. Contractual clauses preserving cumulative remedies and contemplating equitable relief (such as injunctions) are powerful indications that equitable remedies including an account of profits remain available. A party claiming misuse of confidential information may elect between contractual damages and an equitable account of profits where the contract does not expressly exclude equitable remedies.
The full text is available to signed-in members, including the 58 later cases that cite this judgment.
3 of the 58 citing cases carry a classified treatment. How each court treated it is available to signed-in members.