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Posts Categorized: Unfair Competition

Posted: September 8, 2015

One-Time Private Contract Not Subject to GBL 349 Claim

On August 31, 2015, Justice Scheinkman of the Westchester County Commercial Division issued a decision in Unitedhealthcare Services, Inc. v. Asprinio, 2015 NY Slip Op. 25298, examining the scope of conduct covered by General Business Law Section 349. In Unitedhealthcare Services, the the plaintiff health insurer brought an action against the defendant doctor and medical… Read more »

Posted: December 29, 2014

Supplier Lists Not Trade Secrets

On December 19, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Knit Knit LLC v. Unitrade Enterprises, Inc., 2014 NY Slip Op. 51784(U), examining whether supplier lists constitute trade secrets. In Knit Knit LLC, the plaintiff “was engaged in purchase, importation and wholesale distribution of off-price apparel.” Among the claims… Read more »

Posted: December 7, 2014

Plaintiff Likely to Succeed on Common Law Claim for Unfair Competition

On November 20, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in Cold Spring Harbor Construction, Inc. v. Cold Spring Builders, Inc., 2014 NY Slip Op. 51688(U), preliminarily enjoining a defendant’s use of a tradename. In Cold Spring Harbor Construction, the plaintiff, Cold Spring Harbor Construction, Inc., brought an action for… Read more »

Posted: November 15, 2014

Former Employees Preliminarily Enjoined from Carrying On New Business

On November 3, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in First Manufacturing Co., Inc. v. Young, 2014 NY Slip Op. 51562(U), enjoining former employees from carrying on a new business they set up while working for their former employer. In First Manufacturing Co., the plaintiff wholesaler of leather sought… Read more »

Posted: September 16, 2014

Customer Lists Readily Ascertainable from Sources Outside Employer’s Business not Trade Secrets

On August 21, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Chaos Commerce, Inc. v. Khaimov, 2014 NY Slip Op. 32377(U), refusing preliminary to enforce a non-compete clause. In Chaos Commerce, the plaintiff sued the defendants for theft of trade secrets and breach of an employment agreement. The court… Read more »

Posted: July 17, 2014

Court Examines Elements of Claim for Misappropriation of Skills and Expenditures in Pinterest Lawsuit

On July 8, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Schroeder v. Pinterest Inc., 2014 NY Slip Op. 31809(U), illustrating the elements of a claim for misappropriation of skills and expenditures. In Schroeder, the plaintiffs claimed that the defendants used their ideas and work in creating the website Pinterest…. Read more »