Unfair Competition

News & Analysis as of

Python Safety Files Trade Dress and Patent infringement Complaint Against Ty-Flot

On June 18, 2014, Python Safety, Inc. (“Python”), of Woodstock, GA filed a complaint against Ty-Flot, Inc. (“Ty-Flot”), of Manchester, NH, alleging federal trade dress infringement and unfair competition, infringement of US...more

Res judicata Does Not Bar Claims Arising After Prior Litigation, Even One Based on Similar Conduct

TechnoMarine SA v. Giftports Inc. - Addressing whether a prior litigation between the parties resolving claims of unfair competition bars subsequent suit over similar conduct occurring after settlement of the earlier...more

Uber, Lyft Stop The Childish Shenanigans – Go Sit In Time Out And Reflect On Your Code Of Ethics Training

I initially planned to start this blog with a gung-ho confession and killer title – “Uber: Master Strategizer Or Master Espionage Artist?! Code Of Ethics Training Needed To Save The Day!” Super exciting, right? It just has an...more

Tennessee Court Of Appeals Issues New Guidance On Trade Secret Issues

On August 19, 2014, the Tennessee Court of Appeals became the first Tennessee appellate court to address the scope to which Tennessee’s Uniform Trade Secret Act (TUTSA) preempts common law claims related to unfair competition...more

Belgium Streamlines Competition Enforcement Regime

Perhaps best known worldwide for its Trappist breweries, Belgium is increasingly hospitable to business regulation. It is among the many countries that have recently introduced new laws and created new agencies to regulate...more

Lanham Act Claims Are Not Precluded by Compliance with the FDCA

In POM Wonderful LLC v. Coca-Cola Co., decided last month, the U.S. Supreme Court confirmed that companies can bring unfair competition actions under the Lanham Act even when their competitors have complied with the Federal...more

California Federal Court Dismisses User Information Claims Against Digital Wallet Company

On August 12, the U.S. District Court for the Northern District of California dismissed for failure to state a claim a putative class action alleging that a digital wallet provider made unauthorized disclosures of user...more

Bank Must Face Homeowner’s Negligence Claim Because It Owes A Duty To Use Reasonable Care In Processing Loan Modification

In Alvarez v. BAC Home Loans Servicing L.P. (August 7, 2014, A138443) --- Cal.App. 4th ---, the First District Court of Appeal reversed a judgment entered in favor of Defendants as to fraud, unfair competition and negligence...more

The GPMemorandum, Issue 182

In This Issue: - Supreme Court Holds Company Can Sue Competitor For Unfair Competition Even If It Complies With FDA Labeling Regulations: In an 8-0 decision announced on June 12, 2014, the Supreme Court held...more

Motor Carriers Face Uphill Battle After California Supreme Court Decision

Harris v. Pac Anchor Transportation, Inc., No. S194388 (July 28, 2014): In a unanimous decision, the California Supreme Court has held that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not...more

EU Court Says Loyalty Discounts Betray Competition: Ruling Underlines U.S. Differences

Intel's use of loyalty discounts and rebates to computer manufacturers and other actions directed at competitor Advanced Micro Devices violated EU competition law, according to the European Union's (EU) General Court. The...more

Anti-Kickback and Stark Law Violations Form Basis for Unfair Competition Claims

On June 16, 2014, a federal district court jury in Florida awarded $14.755 million to plaintiff Ameritox, Ltd., a Maryland-based clinical lab, for state law claims alleging tortious interference with business relationships...more

AcryliCon Accuses Silikal Of Trademark Infringement and Misappropriation of Trade Secrets

On April 10, 2014, AcryliCon USA, LLC, (“AcryliCon” or “Plaintiff”) filed a complaint against Silikal GmbH & Co. and Silikal Industries GmbH, (“Silikal”), Hubert Weimann, and Harold Schmidt (collectively, “Defendants”)...more

Car Jacking: Former Nissan Employees in Japan Arrested for Suspected Trade Secret Theft

On May 13, 2014, a former employee of Nissan in Japan was arrested by the Economic Affairs Division of the Kanagawa Prefectural Police on suspicion of trade secret theft. The arrest was made under the trade secret provisions...more

Insufficient Evidence of Substantial Revenue Derived in Georgia to Support Camouflage Copyright Infringement Claim

As previously reported (see link below), Jordan Outdoor Enterprises, Ltd. (“Jordan”), asserted copyright infringement and unfair competition against Hubei Wild Trees Textiles Co., LTD. (“Wild Trees”) relating to camouflage...more

What Does Section 75-1.1 Prohibit?

N.C. Gen. Stat. § 75-1.1 prohibits several different clusters of conduct. Thus, whether you’re bringing a 75-1.1 claim or defending against one, it’s crucial to identify, at the outset, what kind of 75-1.1 claim you’re...more

Hershey Wins Pre-Certification Summary Judgment In California Labeling Class Action

The Northern District of California granted partial summary judgment in favor of The Hershey Company in a putative class action where the plaintiff alleged Hershey’s representations about certain of its products were unlawful...more

Ski Manufacturers Hit for Off-Piste Non-Compete

When it comes to the US Federal Trade Commission, healthy competition for ski manufacturers is just as important off the slopes as on. Ski equipment makers, Tecnica Group and Marker Völkl, learned this lesson on Monday when...more

Summary Update On The Law Of Chapter 93a

Standards Governing Business Claims Under 93A ¦ Higher standard applies for business plaintiffs. More decisions confirm that a business plaintiff must make a higher showing of defendant wrongdoing in order to...more

LinkedIn Consumer Class Action Survives Motion to Dismiss

It appears that California’s consumer-friendly Unfair Competition Law, Cal. Bus & Prof. Code §17200 et seq. (“UCL”), encompasses claims made regarding website privacy policies. In In re LinkedIn User Privacy Litigation, No....more

Academic Advertising Seeks to Protect “Community College Jobs” as Trademark

On April 15, 2014, Academic Advertising, LLC (“Academic”), a Georgia based limited liability company, brought suit against Jobelephant.com, Inc., and Michael Ang (“Jobelephant”), of San Diego, California, for trademark...more

California District Court Finds Plaintiff’s Proposed Damages Models Insufficient Under Comcast; Denies Certification Under Rule...

The U.S. District Court for the Northern District of California certified a Rule 23(b)(2) class for injunctive and declaratory relief but denied plaintiff’s motion for class certification under Rule 23(b)(3) because plaintiff...more

Rainbow International Seeks Restoration Of Exclusive Use Of Its Marks

On April 9, 2014, Rainbow International LLC ("Rainbow International"), of Waco, Texas, filed a complaint in the Middle District of Georgia against Brian Whitley, Patricia Whitley, and Quick Whits, Inc. d/b/a "Rainbow...more

Select Management Seeks Redress From Title Credit Over Use Of "Loan Max" Mark

On April 1, 2014, Select Management Resources, LLC of Alpharetta, Georgia (“Select”) filed a complaint against Title Credit Acceptance, LLC of Duluth, Georgia (“Title”) alleging state and federal trademark and trade dress...more

R-E-S-P-E-C-T Those Rights of Publicity

Earlier this month, Katherine Heigl sued Duane Reade for $6,000,000 for tweeting a paparazzi photo of her leaving a Duane Reade drugstore, together with the caption “Love a quick #DuaneReade run? Even KatieHeigle can’t resist...more

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