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Case Citations [1] (Spring 2025)

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                            THE AMERICAN


                            LAW INSTITUTE



                                    Spring 2025 Citations



                    UNFAIR COMPETITION 3D



Generally

S.D.Iowa, 2023. Cit. generally in cases cit. in sup. Estate of a bar owner who was well known for
performing a bar trick in the 1950s sued brewery, alleging, among other things, that it appropriated the
bar owner's name, likeness, and right of publicity for marketing purposes in violation of Iowa common
law. This court denied in part brewery's motion for summary judgment, predicting, as a matter of first
impression, that the Iowa Supreme Court would recognize a cause of action for appropriation of the
right of publicity consistent with the Restatement Third of Unfair Competition, which the Iowa Supreme
Court had frequently cited favorably. Estate of Bisignano by and through Huntsman v. Exile Brewing
Company,  LLC, 694 F.Supp.3d 1088, 1115, 1116.



                       CHAPTER 1. THE FREEDOM TO COMPETE

§ 1. General Principles

C.A.7, 2024. Com. (d) quot. in case quot. in sup. Company that designed, manufactured, and sold two-
way radios and related products worldwide sued competitor under the Defend Trade Secrets Act
(DTSA)  and the Copyright Act, alleging that defendant poached three of plaintiff's engineers by
offering them high-paying jobs in exchange for stealing plaintiff's proprietary information, which it used
to develop and sell competing radios. The jury found in favor of plaintiff and awarded, among other
things, damages for unjust enrichment and punitive damages. This court affirmed, holding that the
punitive damages awarded for plaintiff s DTSA claims did not violate the Fifth Amendment's Due
Process clause. The court cited Restatement Third of Unfair Competition § 1 in reasoning that, given the
particularly harmful nature of defendant's misappropriation to the value of plaintiff s trade secrets and
the nature of the unjust enrichment award, it was appropriate to treat defendant's avoided research and
development costs as a competitive harm to plaintiff. Motorola Solutions, Inc. v. Hytera
Communications Corporation Ltd., 108 F.4th 458, 502.



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