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Case Citations [i] (Spring 2026)

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                             THE AMERICAN


                             LAW INSTITUTE



                                     Spring 2026 Citations



                    UNFAIR COMPETITION 3D



                        CHAPTER 1. THE FREEDOM TO COMPETE

§ 1. General Principles

D.Kan.2025. Quot. in sup. In a dispute arising from a roofing subcontract with city, roofing
subcontractor sued competitor, alleging, inter alia, that competitor engaged in unfair competition by
improperly acquiring subcontractor's confidential business information. This court granted competitor's
motion for summary judgment, holding that subcontractor offered no evidence that competitor obtained
the information through improper means, let alone that obtaining that business information could serve
as the basis for an unfair-competition claim under Missouri law. The court considered subcontractor's
reliance on Restatement Third of Unfair Competition § 1, under which an unfair-competition claim
could be made for acts that were actionable under general principles of common law, and pointed out
that subcontractor failed to cite Missouri law that made use of confidential information actionable as
common-law  unfair competition. CST Industries, Inc v. Tank Connection, L.L.C., 780 F.Supp.3d 1150,
1167.



                          CHAPTER 2. DECEPTIVE MARKETING

§ 2. Deceptive Marketing: General Principle

D.Kan.2025. Cit. in ftn., com. (c) cit. in ftn. Roofing subcontractor sued competitor and competitor's
manager, alleging that defendants used deceptive marketing to pass off plaintiff's roofing experience as
their own when they used the summary of experience of plaintiff s former employee-now employed by
competitor-to obtain a city roofing subcontract. This court granted defendants' motion for summary
judgment, holding that subcontractor's deceptive marketing claim under Restatement Third of Unfair
Competition § 2 failed as a matter of law, because plaintiff failed to show that defendants attempted to
pass off plaintiff s services as defendants' own. The court emphasized that an unfair-competition claim
under § 2 based on deceptive marketing required proof that defendants' representation attempted to
deceive another into believing that their own services were actually those of plaintiff. CST Industries,
Inc v. Tank Connection, L.L.C., 780 F.Supp.3d 1150, 1164, 1165.
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