Question
While waiting for yet another student who fails to show up for their tutoring session by the soccer field, Phoebe watches Jen practicing her shots
While waiting for yet another student who fails to show up for their tutoring session by the soccer field, Phoebe watches Jen practicing her shots on goal. It's a dry, cool summer evening after a scorching afternoon. Some of the balls have been sitting on the field roasting in the sun all afternoon, while others were under a tree off to the side in the shade. Phoebe watches as Jen kicks one of these balls from the shade and then runs over to kick one that had been sitting in the sun on the field. There's a visible difference in the speed of the balls as they fly through the air. "Eureka!" Phoebe exclaims, and she takes off home to research what's behind this phenomenon.
Indeed, after some reading online, Phoebe's theory is that the hot balls from the sun warm the cooler air and travel faster through it than the cool balls that were sitting in the shade. Not believing her brilliance, Phoebe wants to protect her idea right away and goes to talk to a patent agent.
Regardless of the advice from the patent agent, Phoebe has decided she's going to build a successful business plan around her new concept. She paints soccer balls all in orange, yellow, and red flaming streaks, like the ball is so hot it's on fire. Very pleased with herself, she decides to call her new product "Fireballs".
Phoebe takes some of her fire-painted balls down to Jen next time she sees her out practicing on the soccer field. Phoebe shows Jen her great new product, hoping Jen might be her first customer. Jen tells her they look silly and don't work, so she isn't interested. Phoebe trudges home again not so optimistic about her ability to make a living through intangible assets any more than she could by selling her tangible ones. However, a couple days later Phoebe is walking by the soccer field and sees Jen out there training a bunch of kids with red hot painted balls. Phoebe is livid. Given the foregoing, which of the following statements is most correct regarding IP infringement and Phoebe's rights:
a) Phoebe has no right to be mad because she has no intellectual property rights to be infringed.
b) Phoebe has the right to be mad because her trade secret rights under the Trade Secrets Act might be being infringed.
c) Phoebe has the right to be mad because her copyrights under the Copyright Act might be infringed.
d) Phoebe has the right to be mad because her intellectual property rights are being substantially infringed.
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