We are of the opinion that the decision of this court in
Abbott Laboratories v. Norse Chemical Corp.
(1967),
The issues presented in Abbott, supra, were twofold: (1) Technology of the production process of a synthetic sweetener, and (2) customer lists and information, and in that case it was held neither constituted a trade secret. The case now before us concerns only customer lists and information. In Abbott, supra, we stated that the Restatement of the Law correctly states the general law of trade secrets. 1
“An exact definition of a trade secret is not possible. Some factors to be considered in determining whether given information is one’s trade secret are: (1) the extent to which the information is known outside of his business; (2) the extent to which it is known by employees and others involved in his business; (3) the extent of measures taken by him to guard the secrecy of the information; (4) the value of the information to him and to his competitors; (5) the amount of effort or money expended by him in devеloping the information; (6) the *702 ease or’difficulty with which the information could be properly acquired or duрlicated by others.” Restatement, 4 Torts, p. 6, sec. 757.
In considering the matter of customer lists in Abbott, supra, page 467, the court stated:
“Customer lists are on the periphery of the law of unfair competition, because legal protection does not provide as much incentive to compile lists and because most are developed in the normal course of business anyway.”
“ ‘. . . Written customer lists generally hаve been regarded as trade secrets when the nature of the industry permits the list to be kept secret and the list cannot readily be duplicated by independent means. The size of the list and the type of informatiоn it contains about the customers may be relevant to the latter determination, as may the amount of timе and effort which went into its composition.’ ”
Further, when determining the customer list was not a trade secret this court held, Abbott, supra, page 465:
“The customer lists taken by Mueller were not complicated marketing data which had been laboriously compiled by Abbott. These cards contained only the names and addresses of the customers and the individuаl to be contacted. There was no complicated marketing data concerning projeсted market needs of the customer or the customer’s market habits.”
An examination of the record and аn inspection of the card file that Luebke took with him, based upon the standards hereinabove set forth, lеads to but one conclusion. The cards and the information contained thereon are definitely not trаde secrets.
It has been previously mentioned that Luebke brought much of this information with him when he commenced employment with the plaintiff. Also, the cards do not contain information concerning the particular tyрes of orders of plaintiff’s customers; special methods of fabrication utilized to fill orders; the costs оf fabrication; past *703 or future profits involved in such orders; the methods which particular customers use in their operations; the value of repeat business; the type of order or terms thereof ; bidding factors; customer standards or specifications; or the potential of the individual accounts.
In general, the cards contain the name, address and telephone number of the customer, sometimes the names of a number of persons employed by the firm, the position which the various individuals held in the firm and occasionally what apparently is the person’s most commonly used first name. Most any person possessing Luebke’s experiеnce, contacts and knowledge of the industry, could have compiled a similar file, without undue difficulty, by recаlling his past experiences and by reference to telephone and trade manual directories. Many of the cards listed only the customer’s name, address and telephone number. Some of them contаined obsolete information.
There are two other significant factors. Gene Shorey, a former salesman for the plaintiff, had a very similar file and was permitted to take it with him when he left the plaintiff’s employment. Also, Luebke testified he did not make copies of the cards and offered to give them to the plaintiff to avoid litigation, which offer was refused.
While the record demonstrates that the defendant corporatiоn did some $108,000 worth of business with customers of the plaintiff, it also reveals that the entire business of the plaintiff continuеd to grow; that a substantial backlog of orders existed; that the work force increased; and that plaintiff was frequently advertising for additional help.
Therefore, we conclude the record does not disclosе that any trade secrets are involved in the issue before the court; that the limited permanent injunction issued by the trial court was not proper; and that the defendants should not be restrained generally from contаcting the customers of the plaintiff.
*704 As a result of our decision, it becomes unnecessary to consider the issue raised by the respondents as to taxation of costs by the trial court because the taxation of costs falls with the injunction.
By the Court. — Judgment reversed.
Notes
Restatement, 4 Torts, p. 5, see. 767.