Thomas' English Muffins' Nooks-and-Crannies Knowledge to Remain Secret for Now
Judge rules the process behind the famous english muffins will stay under wraps.
Feb. 25, 2010 — -- A former Thomas' English Muffins worker described as one of seven people worldwide who know the trade secrets behind the product's "nooks and crannies" can't take his knowledge to rival baker Hostess -- at least for now, a judge has ruled.
Chris Botticella, a former senior vice president for Bimbo Foods, the maker of Thomas' English Muffins, has been embroiled in a lawsuit by his former employer after he accepted a job working for Hostess. The stakes are substantial because Thomas' English Muffins brings in about $500 million annually, according to court documents filed by Bimbo.
Philadelphia U.S. District Judge R. Barclay Surrick, in a 37-page opinion written Feb. 9th, granted a preliminary injunction, ruling that Botticella cannot start to work for Hostess Inc. because his extensive knowledge of Bimbo's trade secrets makes it "substantially likely, if not inevitable," that he would disclose Bimbo's secrets to Hostess.
"We seriously doubt that Defendant will somehow clear his mind of Bimbo's trade secret information when working on related tasks at Hostess," Surrick wrote.
Surrick wrote that any harm the injunction might have on Botticella would be minimal because the case most will likely have a final determination in two months.
Botticella's lawyer, Elizabeth Ainslie, immediately appealed Surrick's decision.
"We have asked the court of appeals for speedy consideration of our appeal," Ainsle told ABC News. Surrick found that Botticella continued to work for Bimbo for several months after accepting the Hostess post in October 2009, never telling his bosses of his imminent plans to quit as he continued to attend high-level strategy meetings.
Botticella disputed Surrick's findings and similar claims by his former employer.
"There is no evidence that anyone at BBakeries asked Mr. Botticella at this time where he would be going, nor is there any evidence that Mr. Botticella ever denied that he would be joining Hostess," Botticella said in court filings for the case.
