Chapter 08 - Intellectual Property and Unfair Competition
III. Trade Secrets
A. Definition of a Trade Secret
B. Ownership and Transfer of Trade Secrets
C. Misappropriation of Trade Secrets
1. Noncompetition Agreements
2. Example: Coleman v. Retina Consultants, P.C., 687 S.E.2d 457 (Ga. Sup. Ct.
Misappropriation of a trade secret can occur in various ways, most of which involve
of the secret.
IV. Commercial Torts
A. Injurious Falsehood
1. Elements and Damages
2. Injurious Falsehood and Defamation
B. Interference with Contractual Relations
How can one interfere with the performance of another’s contract?
What are the threshold requirements that the plaintiff must prove?
The defendant’s conduct must be improper.
What are the possible
defenses that can be raised?
Example: Lewis-Gale Medical Center, LLC v. Alldredge, 2011 Va.
121 (Va. Sup. Ct. 2011)
C. Interference with Prospective Advantage
V. Lanham Act Section 43(a)
Who can bring an action under this section of the Lanham Act? (federal law
prohibiting unfair competition protects commercial parties, not consumers)
Identify and describe the various actions that can amount to civil liability.
Example: Time Warner Cable, Inc. v. DIRECTV, Inc., 497 F.3d 144 (2d Cir.
Section 43(a) of the Lanham Act basically creates a federal law of unfair competition.
Section 43(a) is not a consumer remedy; it is normally available only to commercial parties,
who usually are the defendant’s competitors. The section creates civil liability for a wide
range of false, misleading, confusing, or deceptive representations made in connection with
goods or services.