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Case Citations [1] (April 2022 - August 2022)

handle is hein.ali/retuc0514 and id is 1 raw text is: THE AMERICAN
LAW   INSTITUTE
UNFAIR COMPETITION 3D
CHAPTER 3. THE LAW OF TRADEMARKS
TOPIC 5. LICENSING AND ASSIGNMENT OF RIGHTS
§ 33. Licensing of Trademarks
S.D.N.Y.Bkrtcy.Ct.2021. Com. (b) quot. in sup. Buyers and designees of substantially all of Chapter 11
debtors' assets in a § 363 sale under the Bankruptcy Code filed an adversary proceeding against
manager of debtors and against three other entities controlled by manager, seeking a declaration that
certain intellectual-property licenses that the entities entered into with each other in connection with an
amendment to a license agreement were void as fraudulent transfers. This court granted in part
defendants' motion to dismiss, holding that plaintiffs failed to show that anything was transferred or
assigned. The court explained that, because the license included quality-control measures that were not
eliminated by the amendment, the amended license agreement contained licenses rather than
assignments under Restatement Third of Unfair Competition § 33. In re KG Winddown, LLC, 632 B.R.
448, 490.
CHAPTER 4. APPROPRIATION OF TRADE VALUES
TOPIC 2. TRADE SECRETS
§ 40. Appropriation of Trade Secrets
Tex.App.2021. Com. (a) cit. in ftn. In an action by prospective seller of a hospital in Texas for unfair
competition and other claims against California-based vice president of prospective buyer, who
downloaded seller's sensitive information, this court, on interlocutory appeal, affirmed the trial court's
grant of vice president's motion to dismiss for lack of personal jurisdiction. In making its decision, the
court noted that seller did not specify the branch of unfair competition alleged, but that, under
Restatement Third of Unfair Competition § 40, unfair competition could include torts for
misappropriation, infringement, unjust enrichment, and breach of confidence. Steward Health Care
System LLC v. Saidara, 633 S.W.3d 120, 124.
§ 44. Injunctions: Appropriation of Trade Secrets
C.A.11, 2021. Com. (f) cit. in sup. Seller of software for processing alcohol-sales invoices sued
competitor, alleging misappropriation of trade secrets. The district court entered judgment on a jury
verdict awarding plaintiff compensatory and punitive damages but denied plaintiff's request for a
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For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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