Essay QuestionChristian Dior is a luxury goods company that earns over $50 billion in salesannually. The company employs over 10,000 people worldwide. Dior’s Cleveland-basedresearch and development (R&D) team, comprised of a dozen chemists and perfumeexperts, spent approximately one year developing the “Desire” fragrance. The fragrance,which was released in September 2014, has already earned the company over $175million in sales and is currently the top-seller in the fragrance market.Given the popularity of Desire, Cincinnati-based imitation fragrance maker,ScentsRUs, hired a chemist and perfumer who spent three months trying to reverseengineer and copy the fragrance. When those efforts failed, ScentsRUs tried to lure oneof the chemists who had helped to create Desire to come to ScentsRUs. However, thatindividual informed ScentsRUs that the formula was a trade secret, and that he wasbound by non-disclosure and non-competition agreements.Undeterred, ScentsRUs hired former Dior employee, Debbie Shane, who hadaccess to the Desire formula through her job on Dior’s mixing staff. Dior’s Cleveland-based mixing staff, which consists of over 200 employees, is responsible for combiningingredients to prepare all of the Dior fragrances pursuant to the formulas created by theR&D teams. Despite the lack of any pre-employment background checks, every memberof Dior’s mixing staff is trusted with access to all of the company’s fragrance formulas.Debbie had only worked in Dior’s mixing staff for five months before she left totake the job at ScentsRUs. She is neither a chemist nor a perfumist. In fact, she did notattend college. However, Debbie’s first assignment at ScentsRUs was to duplicate theDesire fragrance, which she did on her first day at ScentsRUs using the formulaprovided to her. Although she had not signed a confidentiality agreement, Debbie wasaware that Dior’s formulas, which were marked “CONFIDENTIAL,” were not supposedto be shared.In March 2015, ScentsRUs began offering an imitation fragrance in its stores,which immediately caught the attention of Dior. After conducting an investigation as tohow ScentsRUs was able to create a perfect duplicate of Desire, Dior traced thedisclosure back to Debbie.Dior immediately filed a complaint in Montgomery County, Ohio Court ofCommon Pleas against ScentsRUs and Debbie for misappropriation of its trade secret.You work for the judge who was assigned to rule on this case. Pleaseprovide an objective analysis of the law and the relevant facts, in addition toa recommended outcome under Ohio law. * If you need additional facts, or need to make assumptions, state so. You shouldrefer to the appropriate sections of the Uniform Trade Secrets Act, as adopted byOhio law, where applicable.* The essay should be type-written in Microsoft Word. Please use 1” margins,double-spacing and 12-point font (Georgia; Palotino Linotype; or Times NewRoman). The Essay should not exceed 9 pages.
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