Martin Is an Intern Working for Tennessee Fried Chicken,an International

question 12

Multiple Choice

Martin is an intern working for Tennessee Fried Chicken,an international company with over 1000 franchised restaurants throughout the U.S.and in twenty one other countries.They heavily advertise on television and in various print media that their chicken is superior due to their blend of "forty-two 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 the talk the president leaves the room leaving Martin alone.He sees the wall safe is open and looks inside seeing an envelope labeled "THE RECIPE".He opens it and sees that it's the list of the forty-two 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 them of the information he possesses and they arrange a meeting.

• A) if Martin sells the recipe to BFP, Martin is guilty of misappropriation but BFP is not guilty of misappropriation
• B) if Martin sells the recipe to BFP, Martin is not guilty of misappropriation but BFP is guilty of misappropriation
• C) if Martin sells the recipe to BFP, both Martin and BFP are guilty of misappropriation
• D) neither Martin not BFP can be guilty of misappropriation because leaving the safe open shows the secret was not guarded as is necessary to qualify for trade secret protections

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Definitions:

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The authority of a court to hear and decide a case for the first time, as opposed to appellate jurisdiction, which reviews the decisions of lower courts.

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A law enacted by the national government’s legislative body and applicable across the entire country.

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A dispute or disagreement, often public, regarding a matter of opinion or interest.

States

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