D made prefabricated buildings to design specified by C. C communicated manufacturing details and technical specifications to D for this purpose. At end of contract, D began to make its sell its own prefabricated buildings incorporating many of C’s design features. C sued; D claimed there was no breach as sale of C’s buildings and existence of C’s brochures meant information was available to public. Held:
· Person who obtains information in confidence cannot use it as a springboard for activities detrimental to person who gave information.
· Is true that inspection of brochures and dismantling of C’s buildings might enable third party to copy design
Ø However this is far more difficult than it would be without the technical specifications
· Thus C used information to give him unfair head-start over members of public