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Case Citations [1] (July 2019 - April 2020)

handle is hein.ali/retuc0509 and id is 1 raw text is: UNFAIR COMPETITION 3D Generally D.R.I.2019. Cit. generally in ftn. Medical-device manufacturer brought a lawsuit against competitor, alleging, inter alia, that defendant misappropriated plaintiff's trade secrets and breached a confidential relationship. This court granted in part defendant's motion to exclude the opinions of plaintiff s expert witness, holding that the expert's opinions rested on an unsound factual basis. The court noted that, in plaintiff's claim that it was entitled to recover all earned revenue from defendant's sales attributable to the misappropriation, plaintiff also argued that, under Restatement Third of Unfair Competition, the burden of apportioning revenue was placed on defendant. Alifax Holding SpA v. Alcor Scientific Inc., 387 F.Supp.3d 170, 172. CHAPTER 1. THE FREEDOM TO COMPETE § 1. General Principles D.Ariz.2019. Com. (a) quot. in disc. Manufacturer of pool float brought, among other things, a claim for unfair competition against competitors and owner of competitors, alleging that defendants unfairly designed, manufactured, and marketed a competing pool float by representing on an online marketplace that defendants' product was plaintiff's. This court entered judgment for defendants, holding that the record did not support a finding that defendants attempted to engage in unfair competition. The court explained that plaintiff failed to provide evidence that the online marketplace presented defendants' product as plaintiff s, which was necessary to establish that defendants infringed upon plaintiff's freedom to engage in business and competition under Restatement Third of Unfair Competition § 1, Comment a. Great American Duck Races Incorporated v. Kangaroo Manufacturing Incorporated, 398 F.Supp.3d 494, 508. CHAPTER 2. DECEPTIVE MARKETING § 3. Commercial Detriment of Another S.D.Fla.2019. Com. (b) quot. in case quot. in sup. The Federal Trade Commission brought an action for a preliminary injunction against healthcare indemnity provider and subsidiaries, alleging, inter alia, that defendants falsely represented to customers that defendants' healthcare indemnities were comprehensive, meaning that they covered a variety of medical procedures, and were qualified health- insurance plans under the Affordable Care Act. This court granted plaintiff s motion for a preliminary injunction, holding that plaintiff was likely to succeed on the merits, because defendants made material misrepresentations to its customers. The court relied on Restatement Third of Unfair Competition § 3, Comment b, in defining material representation, and explained that defendants' representations were COPYRIGHT 02020 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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