Nancy works for an organization that has spent years researching a drug for Alzheimer’s disease. Nancy is recruited by a competing research organization, and she decides to take the job. She begins developing drugs for Alzheimer’s disease for the new organization. Nancy’s previous employer sues her and her new employer for trade secret violations.
What possible defenses are available to Nancy and her previous employer, and what is the likelihood of success for each? Provide a well-reasoned answer.
Roberta Prentice creates a dance she calls “Dance for the Exceptional Child,” which is a therapeutic dance class for children with disabilities. She applies to register it with the name “Dance for the Exceptional Child” and is denied. One of the bases for denial is that the term “exceptional child” is in common use and indistinguishable and therefore cannot be trademarked.
Examine providing appropriate reasons whether the trademark denial is justified.