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January 24, 2017
Posted in  Direct Unfairness

Can a company violate Chapter 75 simply by investigating potential trademark infringement?

When a company investigates potential trademark infringement, what tactics can the company use without the investigation running afoul of North Carolina’s Unfair and Deceptive Trade Practices Act? The Fourth Circuit Court of Appeals recently explored this question in Exclaim Marketing, LLC v. DirecTV, LLC. Tracking down a potential infringer DirecTV […]

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January 10, 2017
Posted in  Economic-Loss Rule

The Economic-Loss Rule: Conflicting Signals

As we have discussed before, courts in North Carolina have not agreed on how the economic-loss rule applies, if at all, to claims under N.C. Gen. Stat. § 75-1.1.  Two recent decisions by the North Carolina Court of Appeals—ten days apart—illustrate the varying approaches to this issue. Applying the economic-loss […]

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December 27, 2016
Posted in  Overview and Orientation

The Year in Review 2016

As 2016 comes to a close, we again thank you, our readers, for your continued interest, support, and ideas. Decisions from the past year have confirmed the powerful role that N.C. Gen. Stat. § 75-1.1 plays in North Carolina business litigation. The past year featured an array of notable developments: We […]

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