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Thomas v. Soft Sheen Product Company, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 20, 1986
118 A.D.2d 493 (N.Y. App. Div. 1986)

Opinion

March 20, 1986

Appeal from the Supreme Court, New York County (Martin Evans, J.).


A patron of a beauty salon owned and operated by the defendant Salt Pepper claims injuries sustained after two hair products were applied to her scalp. The defendant Soft Sheen is the manufacturer of the products involved and contends that the injuries, if any, resulted not from a deficient product but from the misapplication of its hair care formula. The owner of the beauty salon contends that the injuries, if any, were due to a deficient product.

The defendant Soft Sheen contends that the court at Special Term Part 8A erred in granting the defendant-cross-appellant's (Salt Pepper) motion to discover the hair care formula, because it is a trade secret.

Salt Pepper has already been given a list of the ingredients used in the two products, and what is further sought is the actual combination and percentage. However, there has been no showing that Salt Pepper has attempted by alternative means to analyze the products which they have been using or had a chemist consider the formulation of the ingredients. Where a trade secret is involved, until all other possibilities have been exhausted, the trade secret need not be disclosed even though subject to a confidentiality restriction. (See, Riteoff Inc. v. Contact Indus., 43 A.D.2d 731, 732; cf. Glenmark, Inc. v. Carity, 22 A.D.2d 680, appeal dismissed 15 N.Y.2d 956.)

Concur — Murphy, P.J., Kupferman, Ross, Milonas and Ellerin, JJ.


Summaries of

Thomas v. Soft Sheen Product Company, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 20, 1986
118 A.D.2d 493 (N.Y. App. Div. 1986)
Case details for

Thomas v. Soft Sheen Product Company, Inc.

Case Details

Full title:PAMELA THOMAS et al., Plaintiffs, v. SOFT SHEEN PRODUCT COMPANY, INC.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 20, 1986

Citations

118 A.D.2d 493 (N.Y. App. Div. 1986)
500 N.Y.S.2d 108

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