Question 18

In 1990, Pierson executives convened to develop a highly detailed strategic business plan for the next thirty years. The business plan is kept on a secure computer in a vault with no online connection. The business plan works. By 2010, Pierson is the number one data management firm in North America with a promising future ahead. In 2015, CilTech, a competitor, hires someone to steal the plan and uses the business plan to stop Pierson from dominating the industry. Pierson finds out and sues Ciltech. Would Pierson win?

a. No, there is no mention that the business plan was filed and approved by the United States Patent and Trademark Office (USPTO), and therefore Pierson does not have protectable rights in the plan

b. No, patent protections only last for twenty years and the business plan was twenty-five years old when acquired by CilTech

c. Yes, but only in federal court because most trade secret laws are regulated by federal law

d. Yes, a creation like a business plan is automatically granted trade secret protection once it is in tangible form

e. Yes, CilTech acquired a trade secret of Piersons through improper means and would be liable for damages