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 »
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Posts Categorized: Intellectual Property
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 »
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 »
“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 »
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 »
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 »
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 »
Theft of Trade Secrets Claim Dismissed for Failure to Allege Wrongful Means
On April 3, 2018, the First Department issued a decision in BGC Partners, Inc. v. Avison Young (Canada) Inc., 2018 NY Slip Op. 02290, holding that a theft of trade secrets claim should have been dismissed for failure to allege the use of wrongful means in obtaining the trade secrets, explaining: The cause of action... Read more »
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 »
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 »