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Homework 5
Question #5-3
Issue: what are trade secrets? Why are they protected? Under what circumstances is a party liable at common law for their appropriation? How should these principle apply in this case?
Rule: according to the text book page 146, trade secret is a formula, device, idea, process, or other information used in a business that gives the owner a competitive advantage in the market place. The law of trade secrets protects some business processes and information that are not or cannot be protected under patent, copyright, or trademark law against appropriation by a competitor.
Analysis: briefing.com’s competitors is StreetAccount, whose owners include Jones and Dietzmann. Jones and Dietzmann were employees of briefing.com and they have access to the confidential information, when they quit the job they didn’t return the information which gives the owner the comparative advantage in the market place. And they could probably deliver the information to their own company that is StreetAccount.
Conclusion: Jones and Dietzmann are illegally appropriated the trade secrets from briefing.com, they against the law of trade secrets that protect business processes and information that are not or cannot be protected under patent, copyright, or trademark law against appropriation by a competitor.

Question #5-5
Issus: could the information in the document be trade secrets? Should liability be imposed?
Rules: according to the text book page 146, trade secret is a formula, device, idea, process, or other information used in a business that gives the owner a competitive advantage in the market place. The law of trade secrets protects some business processes and information that are not or cannot be protected under patent, copyright, or trademark law against appropriation by a competitor.
Analysis: the document in the car can be considered as trade secrets, however, it is not a liability of appropriation, because the box did not has any sign to let people know that it contains trade secrets, in addition, the so called thief was not a real thief, it was a wife who suspected her husband about hiding the financial information and gained the access to the check the box.
Conclusion: the court should dismissed Jones’s claim.

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