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FOR PUBLICATION
ATTORNEYS FOR APPELLANT: ALASTAIR J. WARR MARC T. QUIGLEY Krieg DeVault LLP Indianapolis, Indiana ATTORNEYS FOR APPELLEE: LYNNE D. LIDKE ROBERT L. BROWNING A. JACK FINKLEA Scopelitis, Garvin, Light & Hanson Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
M.K. PLASTICS CORPORATION, Appellant-Plaintiff, vs. ANTHONY J. ROSSI, Appellee-Defendant. ) ) ) ) ) ) ) ) )

No. 49A05-0507-CV-370

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Gerald S. Zore, Judge Cause No. 49D07-0406-CT-1066

December 12, 2005 OPINION - FOR PUBLICATION

BAKER, Judge

Appellant-plaintiff M.K. Plastics Corporation (M.K. Plastics) appeals from the trial court's denial of its motion for preliminary injunction. Specifically, M.K. Plastics contends that the trial court erred in concluding that M.K. Plastics does not have protectible trade secrets under the Indiana Uniform Trade Secrets Act 1 (IUTSA) and that Rossi's actions did not constitute misappropriation of trade secrets under the IUTSA. Concluding that the trial court properly denied the motion for preliminary injunction, we affirm. FACTS 2 M.K. Plastics is a Canadian corporation with its principal place of business in Montreal. It is engaged in the business of manufacturing, designing, and selling laboratory exhaust fans. The co-owners of M.K. Plastics are Minel Kupferberg, also known as Mel Cooper, and Robert Jeffrey Kupferberg, also known as Jeff Roberts (Roberts). Rossi has two engineering degrees and has worked in the industrial heating, ventilating, and air conditioning industry in some capacity since 1977. From approximately 1994 to March 1999, Rossi worked as an independent manufacturer's representative of M.K. Plastics while employed by Indiana Steam and Process. Beginning in March 1999, Rossi began working directly with M.K. Plastics to sell its fans exclusively. M.K. Plastics contracted with Rossi to market its equipment, to establish manufacturer representatives across the United States, and to promote its products. Roberts agreed to give Rossi the title of Vice President of Sales and Marketing for the United States so that Rossi would have more authority in the sales field. Rossi operated largely
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