1. MISAPPROPRIATION
For an idea to be protected from misappropriation, it needs
to be concrete but does not need to be reduced to a completely detailed
proposal. Hamilton
Nat’l Bank v. Belt, 210 F.2d 706 (D.C. Cir. 1953).
Only novel ideas are protected. Murray v. NBC, 844 F.2s 988 (2d
Cir. 1988).
Unauthorized use of likeness of celebrity’s voice is
prohibited. Midler v. Ford Motor Co., 849 F.2d 460 (9th Cir.
1988).
2. FALSE ADVERTISEMENT AND DISPARAGEMENT
If a false advertisement clearly targets one particular
competitor, that competitor can bring a false advertisement common law action
even if the firm is not a sole source of goods/services in question. Electronics Corp. of America v. Honeywell, Inc., 428
F.2d 191 (1st Cir. 1970).
3. COVENANTS NOT TO COMPETE
“The legislature codified that policy in … which provided in relevant part:
A
covenant by an assistant, servant or agent not to compete with his employer or
principal during the term of the employment or agency, or thereafter, within a
specified territory and during a specified time is lawful and enforceable only
if the restrictions imposed are reasonably necessary for the protection of the
employer or principal. Any such restrictive covenant imposing an unreasonable
restraint is illegal, void and unenforceable even as to so much of the covenant
or performance as would be a reasonable restraint.
… Nonetheless, restrictive
covenants may serve to prevent the dissemination of confidential business information
necessary to the employer and may prevent unfair competition. … However, an "`employer is not
entitled to be protected against legitimate and ordinary competition of the
type a stranger could give.'" ...
[C]ompetition based on the ordinary skills and experience an employee has
acquired through working for an employer is not unfair competition.” Farm Credit Services of North Central
Wisconsin, ACA v. Wysocki, 627 NW2d 444 (Wis. 2001).
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