Question: Christopher M. developed a secret recipe for fudge. His fudge was very popular, and he closely guarded his secret by keeping only one copy of his recipe and storing it at a location outside his factory. Additionally, he divided up the manufacturing process and allowed his employees to see only the part of the manufacturing process in which they were engaged. However, one employee, Hennon, gained Christopher M.'s confidence and through the course of his year-long employment was able to see most of the manufacturing process.

Hennon also learned the ingredients of the fudge recipe because he had the sensitive task of typing the ingredients into a computer system. Hennon left Christopher M.'s factory, taking several confidential computer disks and documents. He then produced his own line of fudge with similar, if not identical, properties. Hennon had not signed a confidentiality agreement. Christopher M. sued for trade secret misappropriation. Should he win? Why, or why not?