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Question 1
Which of the following is NOT a defense to a trade secret lawsuit under the Uniform Trade Secrets Act?
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Incorrect!
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Incorrect!
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Incorrect!
Correct Even if one gathers information as a result of employment, and even if the information is not later used for commercial gain, trade secret law might provide for a cause of action. One scenario this protects against is the disgruntled employee who wants to post his former employer's secret information on the Internet.
Incorrect! Even if one gathers information as a result of employment, and even if the information is not later used for commercial gain, trade secret law might provide for a cause of action. One scenario this protects against is the disgruntled employee who wants to post his former employer's secret information on the Internet.
Question 2
John is an employee at Bars-R-Us, a company which manufactures metal bars. When he was first hired, he signed an agreement which stated that he would "not reveal the company's special metal working processes for a period of 6 months following employment." The processes which should not be revealed are contained in a manual written by the company's technology department. One week after he is fired, John photocopies his manual and mails it to one of the company's competitors. Which of the following might give the company a cause of action against John:
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Incorrect!
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Incorrect!
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Incorrect!
Correct Because John is violating his nondisclosure agreement he can be sued on the contract. Because the pamphlet he copies was an original work of authorship, copyright attached as soon as it was written and the unauthorized copy infringes on the copyright. Finally, because the processes are secret, trade secret law could apply.
Incorrect! Because John is violating his nondisclosure agreement he can be sued on the contract. Because the pamphlet he copies was an original work of authorship, copyright attached as soon as it was written and the unauthorized copy infringes on the copyright. Finally, because the processes are secret, trade secret law could apply.
Question 3
Sally is looking for work. She has been unemployed for several months and is about to be evicted, along with her 2-year-old son. When she approaches a local diner about a waitress job, she is told by the overweight, heavy-drinking owner that as a condition of employment, she would have to agree not to disclose the ingredients for their 'special sauce' (it's 2 parts ketchup, 1 part mustard, 1 part mayo). She signs the agreement, but just days into her job, is approached by Sluggy, who whispers in her ear that he will pay her for the secret sauce recipe. If she sells the recipe and is sued for breach of contract, she can defend herself based on:
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Incorrect!
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Incorrect!
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Incorrect!
Correct Although Sally was in dire straights, she was not given money for nothing. She was paid to serve food and keep quiet about the recipe. Her employer neither caused, nor had any control, over her living situation. Further, there was no unfair surprise here, as again, the encounter with Sluggy was not something within the owner's control.
Incorrect! Although Sally was in dire straights, she was not given money for nothing. She was paid to serve food and keep quiet about the recipe. Her employer neither caused, nor had any control, over her living situation. Further, there was no unfair surprise here, as again, the encounter with Sluggy was not something within the owner's control.