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 […]
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 […]
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 […]
Seven years ago, in Bumpers v. Community Bank of Northern Virginia, the Supreme Court of North Carolina held that a plaintiff who sues under N.C. Gen. Stat. § 75-1.1 based on a misrepresentation must show actual and reasonable reliance on the misrepresentation. A recent decision by the North Carolina Court of […]
