Summary of Facts

The Pretty Face, a modelling agency, was founded by Mrs. Metinee Kingkajorn
(hereafter Mrs. Metinee), who single-handedly owns and operates it. The agency’s business
model is to provide a personalized career development plans, by inputting data into a computer
program called the “Face Program”, developed by Mrs. Metinee’s husband. The program then
process the data and output a “marketable look” for the model, which helped the agency earn
more revenue and attract more clients.
Mrs. Metinee is the sole authorized user of the program and she never let anyone used
it, even her employees are not permitted to access or utilize the program. She also declined to
publicly discuss her success from the program with the fashion industry. The only known
computer with the program installed is Mrs. Metinee’s personal computer. However, it is worth
noting that the employees still have access to the office computer and the agency’s database.
The alleged Ms. Namtip was hired as Mrs. Metinee’s assistant from 2011 to 2016. Ms.
Namthip, along with all employees, signed employment agreement containing non-disclosure
and non-compete clause. As Mrs. Metinee’s assistant, Ms. Namtip occasionally works in Mrs.
Metinee’s private office with the private computer on. Unlike any other employees of the agency,
Ms. Namtip received a gift for her first year of employment from Mrs. Metinee, in the form of Ms.
Namtip’s “marketable look” generated by the Face Program.
While the program is not licensed yet, Mrs. Metinee is working with a lawyer to patent
the program, which Ms. Namtip was made aware of in 2015 when Mrs. Metinee told her about
the plan.
In 2016, Ms. Namtip left the agency and opened her own modeling agency, called The
Beauty, which operate using the same method that The Pretty Face used, calling it a “desired
look” instead. Mrs. Metinee suspects that Ms. Namtip may have copied the Face Program to
create these “desired looks”, which put the Face Program at a stake, as it may face a potential
loss of value in future licensing, resulting from a very similar calculation method utilized by Ms.
Namtip’s agency.
Mrs. Metinee would like Ms. Namtip to cease the use of the program from creating these
“looks” for models.

Issues to be discussed.
1. Mrs. Metinee’s rights of the trade secret
a. Owner (Husband?)
b. Controller
2. Did the program meet the criteria of trade secret?
a. Public Knowledge
b. Commercial Value
c. Appropriate Measure
i. Is the clause in the employment agreement appropriate
ii. Did Mrs. Metinee take enough action to prevent other people from
accessing the program
1. Other employees
 2. Assistans (Ms. Namtip)
3. Is Ms. Namtip liable under Trade Secrets Act or any other relevant laws?
a. Liability
i. Did Ms. Namtip made an independent discovery?
ii. Evidence of infringement.
b. Prescription (Limitation Period)
4. Can Mrs. Metinee filed an interim injunction or permanent injunction to stop Ms.
Namtip from creating “looks” for models?
a. Rights
b. Prescription (Limitation Period)
5. If the injunction cannot be granted, can Mrs. Metinee file for compensation, or
any other remedies?