While we often write about section 75-1.1 of North Carolina’s General Statutes on this blog, today’s post examines another statute contained in Chapter 75: the Abusive Patent Assertions Act. First, we’ll take a brief look at the Act. Next, we’ll examine the first (and based on our research, the only) […]
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 […]
Today’s post is about North Carolina’s common-law tort of unfair competition. We’ve talked about the tort before, and mentioned her a time or two in passing. But often, we just remember unfair competition as “the child of confusion,” the stepsister of trademark infringement, and the oft-forgotten cousin of section 75-1.1. […]
