After years of R&D investment, Bailey Brands (BB), a small Detroit company, is now able to...
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After years of R&D investment, Bailey Brands (BB), a small Detroit company, is now able to produce concentrated mango juice more efficiently and effectively than any of its competitors. The advantage of BB's unique pulping machine is that it performs faster and more reliably than any other pulping machine in the industry. Sampling of the juice produced from the machine also resulted in a finding of improved taste. A review of industry patents, publications, and equipment indicates that no one outside the company knows how to build this unique machine. Therefore, BB has limited access to the prototype to two design engineers and three technicians, each of whom have signed nondisclosure agreements. While not intending to sell its pulping machines commercially, BB anticipates expanding its business so as to meet the demand of forecasted rising sales. Thus, it might consider adding partners and/or entering into licensing relationships in the future. Questions: 1. Can BB protect its pulping machine as a trade secret? Explain your answer using relevant facts and law. 2. Can BB obtain patent protection for its new pulping machine? Explain your answer using relevant facts and law. After years of R&D investment, Bailey Brands (BB), a small Detroit company, is now able to produce concentrated mango juice more efficiently and effectively than any of its competitors. The advantage of BB's unique pulping machine is that it performs faster and more reliably than any other pulping machine in the industry. Sampling of the juice produced from the machine also resulted in a finding of improved taste. A review of industry patents, publications, and equipment indicates that no one outside the company knows how to build this unique machine. Therefore, BB has limited access to the prototype to two design engineers and three technicians, each of whom have signed nondisclosure agreements. While not intending to sell its pulping machines commercially, BB anticipates expanding its business so as to meet the demand of forecasted rising sales. Thus, it might consider adding partners and/or entering into licensing relationships in the future. Questions: 1. Can BB protect its pulping machine as a trade secret? Explain your answer using relevant facts and law. 2. Can BB obtain patent protection for its new pulping machine? Explain your answer using relevant facts and law.
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1 Can BB protect its pulping machine as a trade secret Yes BB can protect its pulping machine as a trade secret given the relevant facts and law Trade ... View the full answer
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