Rosebud produces flowers for the consumer market. Christo is Rosebud’s head of gardening. He does not have a written emp
Posted: Sat Mar 19, 2022 6:03 pm
Rosebud produces flowers for the consumer market. Christo is
Rosebud’s head of gardening. He does not have a written employment
contract with Rosebud, but he has been told that his job duties
include tending to the gardens, ordering supplies, and dealing with
suppliers. As part of his job, Christo uses the company’s inventory
software. Christo makes numerous suggestions for improving the
software, but is told repeatedly that software is not part of his
job. So Christo works at home in his spare time writing a
completely new inventory software program that is more efficient,
effective, and easier to use. The software could provide companies
like Rosebud with a considerable advantage over competitors who use
existing inventory management software. Christo offered to sell
Rosebud the right to use the new software program, but Rosebud
claims it already owns the software and is entitled to use it
because Christo is its employee. Assuming the computer software
program qualifies as a trade secret, (1) analyze who is likely to
own the trade secret rights for the computer code, and (2) describe
what Rosebud can do in the future to ensure that it will own the
rights to trade secrets developed by its employees and business
partners.
Rosebud’s head of gardening. He does not have a written employment
contract with Rosebud, but he has been told that his job duties
include tending to the gardens, ordering supplies, and dealing with
suppliers. As part of his job, Christo uses the company’s inventory
software. Christo makes numerous suggestions for improving the
software, but is told repeatedly that software is not part of his
job. So Christo works at home in his spare time writing a
completely new inventory software program that is more efficient,
effective, and easier to use. The software could provide companies
like Rosebud with a considerable advantage over competitors who use
existing inventory management software. Christo offered to sell
Rosebud the right to use the new software program, but Rosebud
claims it already owns the software and is entitled to use it
because Christo is its employee. Assuming the computer software
program qualifies as a trade secret, (1) analyze who is likely to
own the trade secret rights for the computer code, and (2) describe
what Rosebud can do in the future to ensure that it will own the
rights to trade secrets developed by its employees and business
partners.