Martin is an intern working for Tennessee Fried Chicken (TFC), an international company with over 1,000 franchised restaurants throughout the United States and in 21 other countries. TFC heavily advertises on television and in various print media that its chicken is superior due to its blend of "42 secret herbs and spices." Many have tried to duplicate the recipe unsuccessfully, and burglars have even been caught trying to steal it. One day Martin is called into the president's office for an assignment, and during their conversation, the president leaves the room, leaving Martin alone. Martin notices that the wall safe is open and looks inside, where he sees an envelope labeled "THE RECIPE." He opens it and finds that it is the list of the 42 secret herbs and spices, along with quantities
and order of use. He quickly makes a copy of the recipe and returns the envelope to the safe. That afternoon, he calls Bluto's Fried Chicken, a TFC competitor, and informs Bluto's of the information he possesses, and they arrange a meeting. If Martin sells the recipe to Bluto's, who, if anyone, would be guilty of misappropriation?
A. Neither Martin nor Bluto's is guilty of misappropriation because leaving the safe open shows that the secret was not guarded and guarding is necessary to qualify for trade secret protections.
B. If Martin sells the recipe to Bluto's, Martin is not guilty of misappropriation but Bluto's is guilty of misappropriation.
C. If Martin sells the recipe to Bluto's, Martin is guilty of misappropriation but Bluto's is not guilty of misappropriation.
D. If Martin sells the recipe to Bluto's, both Martin and Bluto's are guilty of misappropriation.
Answer: D
You might also like to view...
The document that a bank must fill out quarterly, reporting its assets, liabilities, and profits to the government, is called a
A. balance-sheet analysis. B. P&L statement. C. white paper. D. call report.
________ reflects the worth of goods or services an employee produces in a job.
A. Use value B. Differential value C. Marginal value D. Exchange value E. Workflow value
Jimenez is an emergency medical technician. Medical personnel such as Jimenez are pro¬hibited by state statute from working more than a certain num-ber of consecutive hours. One month, Jimenez works more than the legal limit. Jimenez can recover for
a. the hours up to the statutory maximum but not more. b. the hours up to the statutory maximum and the extra hours. c. the hours up to the statutory maximum or the extra hours. d. nothing.
NAFTA is a free trade agreement between the U.S., Canada, and Great Britain
a. True b. False Indicate whether the statement is true or false