Unfair Competition

  1. Unfair Competition

    False advertising – how much can a company get away with?

    A recent federal court decision gives some guidance on what kinds of statements about a competitor rise to the level of false advertising. The case . . .

    2 min read Read
  2. LitigationTrademarks

    Old social media posts violated trade dress infringement injunction

    The parties in the case of H.I.S.C., Inc. v. Franmar are competitors, each making garden broom products. In earlier litigation, the defendant filed a counterclaim . . .

    2 min read Read
  3. Unfair Competition

    Online retailer’s use of photo of products it did not sell was not an unfair or deceptive act

    Defendant online guitar retailer used on its website a photo of premium guitar necks – products that the online retailer did not sell. Plaintiff – . . .

    2 min read Read
  4. Fraud/MisrepresentationSection 230

    Intellectual property exception to CDA 230 immunity did not apply in case against Google

    2 min read Read
  5. CopyrightUnfair Competition

    Web scraping case fails under Dastar

    Claim against owner of website for scraping content failed, where plaintiff failed to allege improper removal of copyright management information, and where claim for passing . . .

    3 min read Read
  6. ContractsUnfair Competition

    Court reinstates SCO’s misappropriation claim against IBM in long-running lawsuit

    2 min read Read
  7. DefamationFirst Amendment

    Reports to advertisers about website content were protected speech

    1 min read Read
  8. CopyrightUnfair Competition

    Co-founder liable for sending company’s social media followers to new competing company’s Facebook page

    2 min read Read
  9. CopyrightTrademarks

    No copyright protection for two word phrase

    1 min read Read
  10. Trade SecretsUnfair Competition

    When do you need a nondisclosure agreement?

    1 min read Read