Blogs

Posts Categorized: Intellectual Property

Posted: April 28, 2019

Court Upholds Unfair Competition Claim Based on Theft of Trade Secrets

On April 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in Weil v. Stenzler, 2019 NY Slip Op. 30966(U), upholding an unfair competition claim based on a theft of trade secrets, explaining: Under New York law, the primary concern in unfair competition is the protection of a business from another’s... Read more »

Posted: April 25, 2019

Plaintiff has no Property Interest in Likeness Outside Civil Rights Law

On April 3, 2019, Justice Masley of the New York County Commercial Division issued a decision in Jonas v. Bayer Corp., 2019 NY Slip Op. 30930(U), holding that a plaintiff had no property interest in her likeness outside that granted by the Civil Rights Law, explaining: Jonas’ second cause of action for unjust enrichment is also... Read more »

Posted: February 19, 2019

Trade Secret Misappropriation Claim Dismissed for Failure Adequately to Describe the Alleged Trade Secrets

On February 5, 2019, the First Department issued a decision in Schroeder v. Cohen, 2019 NY Slip Op. 00838, dismissing a trade secret misappropriation claim for failure adequately to describe the alleged trade secrets, explaining: Plaintiffs’ misappropriation of trade secrets and ideas claims were properly dismissed because plaintiffs failed to describe the allegedly misappropriated ideas with... Read more »

Posted: February 11, 2019

“Offer for Sale” Can Constitute Advertising Injury Under CGL Policy

On December 19, 2018, the Second Circuit issued a decision in High Point Design, LLC v. LM Ins. Corp., Docket No. 16-1446-cv, holding that a counterclaim alleging patent and trade dress infringement in an “offer[] for sale” triggered an insurer’s duty to defend under the “advertising injury” provision of a CGL Policy. This coverage action... Read more »

Posted: January 1, 2019

Theft of Trade Secret Claims Dismissed Because Information Was Disclosed to the Public

On December 11, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Corporate Transp. Group, Ltd. v. Limosys, LLC, 2018 NY Slip Op. 33282(U), dismissing a theft of trade secrets claim because the alleged trade secret had been disclosed to the public, explaining: To prevail on a claim for misappropriation of trade... Read more »

Posted: December 26, 2018

Idea Misappropriation Claims Dismissed on Summary Judgment for Lack of Novelty

On December 5, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Hyperlync Tech., Inc. v. Verizon Sourcing LLC, 2018 NY Slip Op. 33123(U), dismissing a claim for idea misappropriation on summary judgment for lack of novelty, explaining: To prove a claim for misappropriation of ideas, a plaintiff must establish: (1)... Read more »

Posted: May 21, 2018

Court Of Appeals Rejects “Avoided Costs” As Proper Measure Of Damages For Misappropriation Of Trade Secrets

On May 3, 2018, the Court of Appeals issued an opinion, E.J. Brooks Co. v Cambridge Sec. Seals, 2018 NY Slip Op 03171, answering a question certified by the Second Circuit, namely whether a plaintiff can recover its competitor’s avoided costs as damages in a trade secrets action, whether as misappropriation, unfair competition, or unjust... Read more »

Posted: December 10, 2017

Claim for Misappropriation of Ideas Dismissed on Summary Judgment

On November 14, 2017 Justice Sherwood of the New York County Commercial Division issued a decision in Schroeder v. Cohen, 2017 NY Slip Op. 32463(U), dismissing a claim for misappropriation of ideas, explaining: This cause of action for misappropriation of ideas requires proof of two elements: (1) a legal relationship between the parties in the... Read more »

Posted: July 6, 2017

Theft of Trade Secrets Claim Fails; Customer Lists Were Not Shown to be Secret

On June 28, 2017, the Second Department issued a decision in Tri-Star Lighting Corp. v. Goldstein, 2017 NY Slip Op. 05261, affirming the dismissal of a theft of trade secrets claim because the alleged trade secrets (customer lists) were not adequately alleged to have been secrets, explaining: The Supreme Court properly granted that branch of... Read more »