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". Which of the following statements is most likely correct with regards to the applicable intellectual property rights:
a) She has chosen a brand name to which trademark protection could apply, and created a design to which copyright applies.
b) She has developed a business plan that's subject to copyright protection and a patentable design.
c) She has developed a business concept that's subject to trade secret protection and has a registered trademark.
d) She has developed a patentable business concept, a design to which copyright applies and has trademark rights in the name.
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