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Category: Per Se Violations

November 9, 2021 Jeremy Falcone
Posted in  Per Se Violations Privacy and Data Security

The Top 10 Ways Companies Can Protect Their Confidential Information and Relationships When an Employee Joins a Competitor

A long time ago, there was a beardless comedian named David Letterman.  He did a nightly show that you couldn’t stream, pause, or download.  And it always included a Top 10 list. Through two recent decisions, you could say that the North Carolina Business Court has picked up Dave’s mantle […]

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November 2, 2021 Steven A. Scoggan
Posted in  Per Se Violations Privacy and Data Security

The Computer Fraud & Abuse Act and N.C.’s Computer Trespass Statute: Paths to Treble Damages?

Cases involving corporate espionage, trade-secret misappropriation, and theft of confidential information frequently involve someone taking information from a company’s computer system. This conduct often spawns claims under North Carolina’s computer trespass statute or a similar federal statute, the Computer Fraud and Abuse Act (CFAA). Today’s post explores several issues surrounding […]

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November 13, 2020
Posted in  Intellectual Property Per Se Violations

Can Clickbait Cause Confusion? Purchasing AdWord Did Not Constitute Trademark Infringement or an Unfair Trade Practice

In intellectual property disputes, the strength of a section 75-1.1 claim or an unfair competition claim often rises or falls with a trademark infringement claim. For instance, N.C. Gen. Stat. § 80-12 provides that a violation of state trademark law constitutes a per se violation of section 75-1.1. Additionally, while a […]

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