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Contracts Keyed to Frier
ConFold Pacific, Inc. v. Polaris Industries, Inc.
Facts
Polaris hired ConFold to conduct a reverse logistics study analyzing the benefits of switching to returnable containers. Polaris and ConFold signed a mutual non-disclosure agreement.ConFold completed the reverse logistics analysis pursuant to this agreement. Two months after the agreement was signed, Polaris requested proposals for designs for returnable containers. Polaris received nine proposals, including one design proposal from ConFold.A few years later, Polaris came out with a returnable container produced by a third party. The design was very similar to a proposal submitted by ConFold. ConFold brought suit against Polaris in federal district court.ConFold brought suit against Polaris in federal district court. The district court held Polaris did not breach a confidentiality agreement with ConFold, and ConFold appealed.
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