from the tweet-tweet dept
The court ruled on Kravitz' motion to dismiss by rejecting the "interference with economic advantage" claim, but left the other claims to stand for the time being. I have trouble seeing how either the trade secret or the conversion claim stands up at all. What's the trade secret here? Hell, what's "secret" at all? The Twitter account is public. The follower list is public. The only thing not public is the password, and there is some argument over whether or not the password was "adequately safeguarded" as a trade secret. Even if it wasn't, though, is that really a "trade secret?" It's a password! But the court thought that was enough:
PhoneDog has sufficiently described the subject matter of the trade secret with sufficient particularity and has alleged that, despite its demand that Mr. Kravitz relinquish use of the password and Account, he has refused to do so. At this stage, these allegations are sufficient to state a claim. Further, to the extent that Mr. Kravitz has challenged whether the password and Account followers are trade secrets and whether Mr. Kravitz's conduct constitutes misappropriation requires consideration of evidence beyond the scope of the pleading.The whole thing seems pretty crazy. If you want him to Tweet as the company, give him the company account. If you want to him to Tweet as himself, let him do so. Suing for the account just seems silly and petty.