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Answer :
Zeke's soda wins a trade secret Misappropriation action D. Yes.
Zeke's Soda can potentially win a trade secret misappropriation action against Soda Giant. The secret recipe for their raspberry soda is a valuable asset to the company and has been closely guarded by the family for 75 years. Trade secrets can include formulas, recipes, or any information that provides a business with a competitive advantage and is kept confidential.
Soda Giant's action of analyzing and replicating Zeke's secret recipe can be seen as misappropriation. Even though Soda Giant did not directly steal the recipe from Zeke's Soda, they reverse-engineered the product to obtain the secret recipe and then used that knowledge to create a competing product. This can be considered a form of unfair competition, and Zeke's Soda may have a legal claim against Soda Giant for trade secret misappropriation.
To summarize, the correct answer is Yes, Zeke's Soda can potentially win a trade secret misappropriation action against Soda Giant, as they have a valid trade secret and Soda Giant's actions can be considered misappropriation. Therefore, the correct option is D.
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zeke's soda is a small company. they have never grown much, but they have never quite gone out of business over their 75 year history. they have a secret recipe for a raspberry soda which is their bestselling drink. it has never been patented, but it has been known only to the family members who run the company ever since old zeke came up with it 75 years ago. none of the other employees have access to it. soda giant buys a bottle of zeke's soda and runs it through sophisticated equipment that is able to analyze it and determine all of the ingredients. soda giant takes what it learns and starts to make and sell a soda identical to zeke's. can zeke's soda win a trade secret misappropriation action?
A. No, because a secret recipe is not the kind of thing that can be a trade secret.
B. No, because the trade secret protection has expired.
C. No, because Soda Giant did not misappropriate the information.
D. Yes.
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